[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2829 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2829

    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

                             June 11, 2009

 Mr. Carson of Indiana (for himself, Mr. Kennedy, Mr. Stark, Mr. Davis 
 of Illinois, Ms. Norton, Mr. Rush, Mr. Gutierrez, Ms. Jackson-Lee of 
    Texas, Mr. Lewis of Georgia, Mr. Al Green of Texas, Ms. Lee of 
 California, Ms. Fudge, Ms. Edwards of Maryland, and Mr. Meeks of New 
    York) 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 300,000 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.
            (3) According to surveys completed by the Bureau of Justice 
        Statistics, 16.3 percent of jail inmates self-reported a 
        ``mental health condition'' or an overnight stay in a ``mental 
        hospital'' in their lifetime and 60.5 percent of local jail 
        inmates self-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) 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.
            (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 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 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.''.
    (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 
                (72);
                    (B) by striking the period at the end of paragraph 
                (73) and inserting ``; and''; and
                    (C) by inserting after paragraph (73) the following 
                new paragraph:
            ``(74) 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)(74), 
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)(74) 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 19l5(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)(28), in order to engage in planning for services 
following release from a public institution''.
                                 <all>