Recidivism Reduction Act - Amends title XVI (Supplemental Security Income for Aged, Blind, and Disabled) (SSI) of the Social Security Act (SSA) to require the reinstatement upon release of an otherwise eligible disabled inmate for SSI benefits which were terminated because of the inmate's incarceration in a jail, prison, penal institution, or correctional facility for a period of 12 or more consecutive months.
Requires the inmate to apply for reinstatement and resumption of such benefits within 36 months after release. Allows application for reinstatement even before release. Permits provisional benefits to such an individual until the application is acted upon.
Requires the reinstatement of SSI benefit eligibility for such an individual's spouse if the spouse was previously an SSI-eligible spouse.
Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to direct the Commissioner of Social Security to develop a system for prerelease application for resumption of suspended OASDI disability insurance benefits, or other benefits based on disability.
Amends SSA title XIX (Medicaid) to require state Medicaid plans to provide that in the case of any individual enrolled for medical assistance immediately before becoming an inmate of a public institution: (1) the enrollment shall be reinstated upon the individual's release from such institution unless and until there is a determination that the individual is no longer eligible to be so enrolled, and (2) any period of continuous eligibility in effect on the date the individual became such an inmate shall be reinstated as of the release date and the duration of such period shall be determined without regard to the period in which the individual was such an inmate.
Increases from 90% to 95% the federal medical assistance percentage (FMAP) (matching) rate for any state implementing a Medicaid reinstatement system.
Authorizes case management services in order to engage in planning for services following an individual's release from a public institution.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6256 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6256
To ensure prompt access to Supplemental Security Income, Social
Security disability, and Medicaid benefits for persons released from
certain public institutions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2012
Mr. Carson of Indiana (for himself, Mr. Stark, Ms. Richardson, Ms. Lee
of California, Mr. Cummings, Ms. Jackson Lee of Texas, Ms. Norton, Ms.
Moore, Mr. Kucinich, and Ms. Edwards) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ensure prompt access to Supplemental Security Income, Social
Security disability, and Medicaid benefits for persons released from
certain public institutions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recidivism Reduction Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) There are an estimated 350,000 mentally ill individuals
in State and Federal prisons.
(2) According to the Bureau of Justice Statistics, nearly
15 percent of men and 31 percent of women in jails have serious
mental illnesses, with female inmates having higher rates of
mental health problems than male inmates--State prisons: 73
percent of females and 55 percent of males; local jails: 75% of
females and 63% of males.
(3) According to surveys completed by the Bureau of Justice
Statistics, 16.3 percent of jail inmates reported they had a
``mental health condition'' or an overnight stay in a ``mental
hospital'' in their lifetime, and 60.5 percent of local jail
inmates reported they had symptoms of a mental illness.
(4) Access to Federal disability and health care benefits
is a critical component of the successful re-entry into the
community of indigent individuals with disabilities who are
released from jail, prison, juvenile detention, or other
correctional facilities.
(5) As a matter of public safety, individuals with
disabilities released from correctional facilities must be
reinstated in the Federal benefit programs that are designed to
provide the health services and financial supports on which
they rely.
(6) Individuals with disabilities who live in extreme
poverty and who are too disabled to work after release from
correctional facilities require Government supports such as
Social Security Disability Insurance (SSDI), Supplemental
Security Income (SSI), or Medicaid to maintain health and to
safely transition from correctional facilities into the
community.
(7) It is the policy of the United States to provide
individuals with disabilities assistance in leading healthy and
productive lives.
(8) On average, mentally ill inmates serve 103.4 months in
State prison until their release, as compared to 88.2 months
for other inmates. Yet, their SSI benefits terminate after 12
consecutive months of their incarceration. On average, it takes
93 days to reinstate those benefits.
(9) Health care benefits are especially important to low-
income individuals with disabilities who often cannot afford
private market insurance and who are at great risk of incurring
exorbitant costs for health care. SSI beneficiaries who lose
benefits because of incarceration may also lose Medicaid
coverage.
(10) Without prompt access to Federal disability benefits
on their release, individuals with psychiatric disabilities who
come into contact with the criminal justice system often become
trapped in many cycles of arrest, release, destitution,
deterioration, and re-arrest.
(11) Rates for mentally ill offenders are very high. A
Bureau of Justice Statistics report found that over \3/4\ of
mentally ill inmates had been sentenced to time in prison or
jail or were on probation at least once before their current
sentence.
(A) Three-quarters of those returning from prison
have a history of substance use disorders. Over 70
percent of prisoners with serious mental illnesses also
have a substance use disorder.
(B) Among repeat offenders, an estimated 47 percent
of State prisoners who had a mental health problem were
violent recidivists, compared to 39 percent of State
prisoners without a mental problem.
(12) Among the mentally ill, 52 percent of State prison
inmates, 54 percent of jail inmates, and 49 percent of Federal
prison inmates reported 3 or more prior sentences of probation
or incarceration.
(13) Nearly \1/4\ of both State prisoners and jail inmates
who had a mental health problem, compared to \1/5\ of those
without, had been incarcerated on 3 or more prior occasions.
(14) Although discharge-planning practices vary
considerably, inmates are typically released with no more than
a 2-week supply of even crucial medications such as insulin and
with no primary care follow-up, so the burden of care falls
predominantly on emergency rooms and is financed primarily by
the public.
SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS.
(a) Reinstatement or Resumption of Benefits on Release of Inmate
From Incarceration.--Section 1631 of the Social Security Act (42 U.S.C.
1383) is amended by adding at the end the following:
``(q)(1)(A)(i) Eligibility for benefits under this title shall be
reinstated in any case where the Commissioner determines that an
individual described in clause (ii) has filed a request for
reinstatement meeting the requirements of subparagraph (B)(i) during
the period described in clause (iii). Reinstatement of eligibility
shall be in accordance with the terms of this paragraph.
``(ii) An individual is described in this clause if--
``(I) before the month in which the individual files a
request for reinstatement--
``(aa) the individual was eligible for benefits
under this title on the basis of disability; and
``(bb) the individual thereafter was ineligible for
such benefits because the individual was an inmate of a
jail, prison, penal institution, or correctional
facility for a period of 12 or more consecutive months;
``(II) the individual is blind or disabled, and the
individual's blindness or disability renders the individual
unable to perform substantial gainful activity; and
``(III) the individual meets the nonmedical requirements
for eligibility for benefits under this title.
``(iii)(I) Except as provided in subclause (II), the period
prescribed in this clause with respect to an individual is 36
consecutive months beginning with the month following the most recent
month for which the individual was ineligible for benefits under this
title before the period of ineligibility described in clause
(ii)(I)(bb).
``(II) In the case of an individual who fails to file a
reinstatement request within the period described in subclause (I), the
Commissioner may extend the period if the Commissioner determines that
the individual had good cause for the failure to so file.
``(B)(i)(I) A request for reinstatement shall be filed on such
form, and contain such information, as the Commissioner may prescribe.
``(II) A request for reinstatement shall include express
declarations by the individual stating that the individual meets the
requirements specified in subclauses (II) and (III) of subparagraph
(A)(ii).
``(III) A request for reinstatement shall include an express
declaration by a health care professional that the individual is blind
or disabled.
``(ii) A request for reinstatement filed in accordance with this
paragraph may constitute an application for benefits in the case of any
individual who the Commissioner determines is not eligible for
reinstated benefits under this paragraph.
``(C) In determining whether an individual meets the requirement of
subparagraph (A)(ii)(II), the provisions of section 1614(a)(4) shall
apply.
``(D)(i) Eligibility for benefits reinstated under this paragraph
shall commence with the benefit payable for the month in which--
``(I) a request for reinstatement is filed; or
``(II) if the request is filed before the individual is
discharged or released from a jail, prison, detention center,
or correctional facility, the individual is so discharged or
released.
``(ii)(I) Subject to subclause (II), the amount of benefit payable
for any month pursuant to the reinstatement of eligibility under this
paragraph shall be determined in accordance with the provisions of this
title.
``(II) The benefit under this title payable for any month pursuant
to a request for reinstatement filed in accordance with subparagraph
(B) shall be reduced by the amount of any provisional benefit paid to
the individual for the month under subparagraph (G).
``(E) Whenever an individual's eligibility for benefits under this
title is reinstated under this paragraph, eligibility for the benefits
shall be reinstated with respect to the individual's spouse if the
spouse was previously an eligible spouse of the individual under this
title and the Commissioner determines that the spouse satisfies all the
requirements for eligibility for the benefits except requirements
related to the filing of an application. The provisions of subparagraph
(D) shall apply to the reinstated eligibility of the spouse to the same
extent that they apply to the reinstated eligibility of the individual.
``(F) An individual to whom benefits are payable under this title
pursuant to a reinstatement of eligibility under this paragraph for 12
months shall, with respect to benefits so payable after such 12th
month, be deemed for purposes of subparagraph (A)(ii)(II)(aa) to be
eligible for such benefits on the basis of an application filed
therefor.
``(G)(i) An individual described in subparagraph (A)(ii) who files
a request for reinstatement in accordance with the provisions of
subparagraph (B)(i) shall be eligible for provisional benefits payable
in accordance with this subparagraph, unless the Commissioner
determines that the individual does not meet the requirements of
subparagraph (A)(ii)(I) or that the individual's declaration under
subparagraph (B)(i)(II) is false. Any such determination by the
Commissioner shall be final and not subject to review under paragraph
(1) or (3) of subsection (c).
``(ii) The amount of the provisional benefit shall equal the amount
of the benefit that was payable to the individual under this title for
the month before the most recent period of ineligibility described in
subparagraph (A)(ii)(I)(aa).
``(iii) Provisional benefits shall end when the Commissioner makes
a determination regarding the individual's eligibility for reinstated
benefits.
``(iv) In any case in which the Commissioner determines that an
individual is not eligible for reinstated benefits, any provisional
benefits paid to the individual under this subparagraph shall not be
considered a liability or subject to recovery as an overpayment, unless
the Commissioner determines that the individual knew that the
individual did not meet the requirements of subparagraph (A)(ii).
``(2) In the case of an individual whose benefits under this title
are suspended because the individual is an inmate of a jail, prison,
penal institution, or correctional facility, payment of such benefits
shall resume on the date the individual is released from the jail,
prison, penal institution, or correctional facility.
``(3) For purposes of this subsection, the term `benefits under
this title' includes State supplementary payments made pursuant to an
agreement under section 1616(a) of this Act or section 212(b) of Public
Law 93-66.''.
(b) Cooperation of Penal Institutions in Providing Notice of
Pending Release of Inmate and in Assisting Soon To Be Released Inmates
in Having Benefits Resumed.--
(1) In general.--Section 1611(e)(1)(I)(i) of such Act (42
U.S.C. 1382(e)(1)(I)(i)) is amended--
(A) in subclause (I), by inserting ``and scheduled
release'' after ``commencement''; and
(B) in subclause (II)--
(i) by inserting ``(other than scheduled
release information)'' before ``to the
Commissioner'';
(ii) by inserting ``(other than scheduled
release information)'' before ``after 30
days''; and
(iii) by inserting ``except that the
Commissioner shall not make a payment under
this subclause to an institution if the
institution does not furnish scheduled release
information at least 30 days before the
scheduled release or does not have in place
personnel and procedures to inform and assist
inmates scheduled to be released in applying to
have their benefits under this title resumed''
before the period.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 1 year after the date of the enactment of
this Act.
(3) Notice of requirement to furnish information about
scheduled release of inmates.--The Commissioner of Social
Security shall notify each institution with which the
Commissioner has entered into an agreement under section
1611(e)(1)(I)(i) of the Social Security Act of the payment
restriction added by paragraph (1) of this subsection.
(c) Notice and Training Related to Pre-Release Agreements.--Section
1611(e)(1)(I) of such Act (42 U.S.C. 1382(e)(1)(I)) is amended by
adding at the end the following:
``(v) The Commissioner shall biennially notify each State or local
institution comprising a jail, prison, penal institution, or
correctional facility, and any other State or local institution a
purpose of which is to confine individuals as described in section
202(x)(1)(A)(ii) of the availability of the agreements provided for in
this subparagraph.
``(vi) The Commissioner shall, from time to time, offer
institutions described in clause (v) training in entering into the
agreements provided for in this subparagraph.
``(vii) Within 6 months after the end of each fiscal year, the
Commissioner shall submit to the Congress a written report on the
activities conducted pursuant to this subparagraph during the fiscal
year.
``(viii) The Commissioner shall develop a model pre-release
agreement and model pre-release procedures, which States may use to
facilitate the goals of this subparagraph.''.
(d) Effective Date.--Except as provided in subsection (b)(2), the
amendments made by this section shall take effect on the date of the
enactment of this Act, and shall apply to benefits payable for months
beginning after such date.
SEC. 4. SOCIAL SECURITY BENEFITS.
(a) Pre-Release Procedures for Disabled Prisoners and Other
Individuals.--
(1) In general.--Section 202(x) of the Social Security Act
(42 U.S.C. 402(x)) is amended by adding at the end the
following new paragraph:
``(4) The Commissioner shall develop a system under which an
individual whose disability insurance benefits under section 223 or
other benefits under this section based on disability have been
suspended under this subsection by reason of confinement in an
institution comprising a jail, prison, penal institution, or
correctional facility, or comprising any other institution a purpose of
which is to confine individuals as described in paragraph (1)(A)(ii),
can apply for resumption of such benefits prior to cessation of such
confinement.''.
(2) Effective date.--The Commissioner of Social Security
shall implement the system described in section 202(x)(4) of
the Social Security Act (as added by this subsection) not later
than 180 days after the date of the enactment of this Act.
(b) Cooperation of Penal Institutions in Providing Notice of
Pending Release of Inmate and in Assisting Soon To Be Released Inmates
in Having Benefits Resumed.--
(1) In general.--Section 202(x)(3)(B)(i) of such Act (42
U.S.C. 402(x)(3)(B)(i)) is amended--
(A) in subclause (I), by inserting ``and scheduled
release'' after ``commencement''; and
(B) in subclause (II)--
(i) by inserting ``(other than scheduled
release information)'' before ``to the
Commissioner'';
(ii) by inserting ``(other than scheduled
release information)'' before ``after 30
days''; and
(iii) by inserting ``, except that the
Commissioner shall not make a payment under
this subclause to an institution if the
institution does not furnish scheduled release
information at least 30 days before the
scheduled release or does not have in place
personnel and procedures to inform and assist
inmates scheduled to be released in applying to
have their benefits under this title resumed''
before the period.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 1 year after the date of the enactment of
this Act.
(3) Notice of requirement to furnish information about
scheduled release of inmates.--The Commissioner of Social
Security shall notify each institution with which the
Commissioner has entered into an agreement under section
202(x)(3)(B)(i) of the Social Security Act of the payment
restriction added by paragraph (1) of this subsection.
(c) Notice and Training Related to Pre-Release Agreements.--Section
202(x)(3)(B) of such Act (42 U.S.C. 402(x)(3)(B)) is amended by adding
at the end the following:
``(v) The Commissioner shall biennially notify each State or local
institution comprising a jail, prison, penal institution, or
correctional facility, and any other State or local institution a
purpose of which is to confine individuals as described in paragraph
(1)(A)(ii) of the availability of the agreements provided for in this
subparagraph.
``(vi) The Commissioner shall, from time to time, offer
institutions described in clause (v) training in entering into the
agreements provided for in this subparagraph.
``(vii) Within 6 months after the end of each fiscal year, the
Commissioner shall submit to the Congress a written report on the
activities conducted pursuant to this subparagraph during the fiscal
year.''.
SEC. 5. MEDICAID BENEFITS.
(a) Reinstatement of Medicaid Enrollment.--
(1) In general.--Section 1902(a) of the Social Security Act
(42 U.S.C. l396b(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(82);
(B) by striking the period at the end of paragraph
(83) and inserting ``; and''; and
(C) by inserting after paragraph (83) the following
new paragraph:
``(84) provide that in the case of any individual enrolled
for medical assistance under the State plan immediately before
becoming an inmate of a public institution--
``(A) the enrollment of such individual shall be
reinstated upon release from such institution unless
and until there is a determination that the individual
is no longer eligible to be so enrolled; and
``(B) any period of continuous eligibility in
effect on the date the individual became such an inmate
shall be reinstated as of the date of the release and
the duration of such period shall be determined without
regard to the period in which the individual was such
an inmate.''.
(2) Increased funding for state implementation of
reinstatement system.--Section 1903 of the Social Security Act
(42 U.S.C. 1396b) is amended by adding at the end the following
new subsection:
``(aa) Initial Increase in Federal Matching Rate for State
Implementing Reinstatement System.--For the first 4 calendar quarters
beginning after the date a State modifies its computer system described
in subsection (a)(3)(A)(i) so that it can easily provide for the
reinstatement of medical assistance required under section 1902(a)(84),
such subsection shall be applied as if the reference to `90 percent'
were a reference to `95 percent'.''.
(3) Clarification of treatment of certain administrative
expenses.--Nothing in section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)) shall be construed as prohibiting or
preventing the provision of Federal financial participation
under section 1903(a) of such Act (42 U.S.C. 1396b(a)) to
States for reasonable administrative costs of determining
eligibility status of individuals described in section
1902(a)(84) of such Act, as inserted by paragraph (1).
(4) Effective date.--The amendments made by paragraph (1)
shall apply to individuals who are released from being an
inmate of a public institution on or after the first day of the
first calendar quarter beginning more than 90 days after the
date of the enactment of this Act.
(b) Authorization of Case Management Services.--The first sentence
of section 1915(g)(1) of the Social Security Act (42 U.S.C.
1396n(g)(1)) is amended by inserting before the period at the end the
following: ``and for the purpose of providing no more than three case
management services, without regard to the subdivision (A) following
section 1905(a)(29), in order to engage in planning for services
following release from a public institution''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred for a period ending not later than August 6 2012, (or for a later time if the Chairman so designates) to the Subcommittee on Human Resources, in each case for consideration of such provisions as fall within the jurisdiction of the subcommittee concerned.
Referred for a period ending not later than August 6 2012, (or for a later time if the Chairman so designates) to the Subcommittee on Social Security, in each case for consideration of such provisions as fall within the jurisdiction of the subcommittee concerned.
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