Recidivism Reduction Act - Amends title XVI (Supplemental Security Income for Aged, Blind, and Disabled) (SSI) of the Social Security Act to require the reinstatement upon release of an otherwise eligible disabled inmate for SSI benefits which were terminated owing to 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 Benefits) (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.
Directs the Secretary of Health and Human Services to provide training and technical assistance to states regarding procedures to suspend, rather than terminate, medical assistance under SSA title XIX (Medicaid) for individuals during the period they are inmates of public institutions. Requires the Secretary to report to Congress on state actions to suspend Medicaid benefits.
Increases from 90% to 95% the federal matching rate for any state implementing a Medicaid suspension system, under which medical assistance for an incarcerated individual is placed in an inactive instead of a terminated status.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6329 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6329
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
November 15, 2006
Ms. Carson (for herself, Mr. Kennedy of Rhode Island, Mr. Conyers, Mr.
Rush, Mr. Nadler, Mr. Cleaver, Ms. Jackson-Lee of Texas, Mr. Owens, Mr.
Wynn, and Mr. Jefferson) 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 the following:
(1) There are an estimated 300,000 mentally ill individuals
in State and Federal prisons.
(2) According to surveys completed by the Bureau of Justice
Statistics, 16 percent of State prison inmates, 7 percent of
Federal prison inmates, and 16 percent of inmates of local
jails reported either a mental condition or an overnight stay
in a mental hospital.
(3) 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.
(4) 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.
(5) 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.
(6) It is the policy of the United States to provide
individuals with disabilities assistance in leading healthy and
productive lives.
(7) 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.
(8) 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.
(9) 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.
(10) Recidivism 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.
(11) 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 to probation
or incarceration.
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 eligiblity 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.''.
(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) Training and Technical Assistance on Suspension of Benefits.--
(1) In general.--The Secretary of Health and Human Services
shall provide training and technical assistance to States (as
defined for purposes of title XIX of the Social Security Act)
regarding procedures States can use to suspend, rather than
terminate, medical assistance under such title for individuals
during the period they are inmates of public institutions.
(2) Report.--The Secretary shall submit to Congress a
report regarding State actions to suspend Medicaid benefits in
the manner described in paragraph (1). Such report shall
include a description of State procedures and best practices
regarding such suspensions.
(b) Restoration of Benefits Upon Release.-- Section 1903 of the
Social Security Act (42 U.S.C. 1396b) is amended by adding at the end
the following new subsection:
``(aa) Suspension of Medical Assistance for Inmates of Public
Institutions.--
``(1) Initial increase in federal matching rate for state
implementing suspension 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 suspend, rather than terminate, medical assistance under
this title for any individual during the period that the
individual is an inmate of a public institution, such
subsection shall be applied as if the reference to `90 percent'
were a reference to `95 percent'.
``(2) Treatment of individuals released from public
institutions.--If, as of the first day of a calendar quarter
beginning more than 5 years after the date of the enactment of
this subsection a State has not made the modification described
in paragraph (1), any resident of the State who--
``(A) was eligible for medical assistance
immediately before becoming an inmate of a public
institution; and
``(B) is released during such calendar quarter from
such institution,
shall be presumed eligible for such assistance upon such
release unless and until there is a determination that the
individual is no longer so eligible.
``(3) Suspend defined.--For purposes of this subsection,
the term `suspend' means, with respect to medical assistance
under this title for an individual, to place such medical
assistance for the individual in an inactive status instead of
a terminated status.''.
(c) 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 1903(aa) of such Act, as added by subsection (b).
<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 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.
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