[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).
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