November 18, 2024–Due Process Institute and 66 undersigned organizations urged members of Congress to pass the Reentry Act (H.R.2400 / S.1165) and Due Process Continuity of Care Act (H.R.3074 / S.971) by the end of the session. This legislation will help integrate substance use treatment into carceral settings, reduce recidivism, and prevent needless overdose deaths. The Reentry Act would allow Medicaid coverage to start 30 days before release and the Due Process Continuity of Care Act would allow Medicaid coverage while an individual is awaiting trial. Both bills have bipartisan support in the current Congress, with each bill garnering nearly 100 co-sponsors. During a deadly overdose crisis, these bills are commonsense solutions to increase the availability of substance use disorder treatment for incarcerated individuals, decrease overdose deaths, and better protect public health and safety.
Fatal drug overdoses are the fastest growing cause of death amongst incarcerated individuals. Additionally, inmates re-entering society are the most vulnerable population to experience a fatal overdose – individuals reentering society post incarceration are 129 times likelier to die of a drug overdose than the general population during the two weeks following their release. Finally, increasing access to medications for opioid use disorder (MOUD) saves lives and has been associated with an 80% reduction in overdose mortality risk for the first month post-release.
By allowing Medicaid coverage during the critical windows when an individual is returning to the community from incarceration and the period while they are awaiting trial, the Reentry Act and Due Process Continuity of Care Act represent two of the strongest opportunities for the 118th Congress to increase public safety and improve public health outcomes nationwide. Due Process Institute urges Congress to pass these pieces of legislation by the end of the session to save lives and to extend the hope of healing to communities across the country. With more than 100,000 overdose deaths occurring each year, the time to expand access to safe and effective treatment is now.