[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3123 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3123

    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

                           September 18, 2013

 Mr. Carson of Indiana (for himself, Mr. Cartwright, Ms. Edwards, Ms. 
 Lee of California, Mr. Lewis, Mr. Meeks, Ms. Norton, and Mr. Rangel) 
 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 
        percent of females and 63 percent 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. 
Notwithstanding the preceding provisions of this clause, eligibility 
for benefits under this title of an individual who has become an inmate 
of a jail, prison, penal institution, or correctional facility shall be 
reinstated automatically upon discharge or release from the 
institution, without the need to reapply for the benefits, if the 
period of sentence to the institution does not exceed 90 days.
    ``(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) 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.
    ``(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.
    ``(2) 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 provide technical support and 
resources to 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) with respect to, and notify each 
such institution of the availability of, the pre-release agreements 
provided for in this subparagraph.
    ``(vi) 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.
    ``(vii) The Commissioner shall develop 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:
    ``(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 provide technical support and 
resources to 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) with respect to, and notify each such 
institution of the availability of, the pre-release agreements provided 
for in this subparagraph.
    ``(vi) 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 
                (80);
                    (B) by striking the period at the end of paragraph 
                (81) and inserting ``; and''; and
                    (C) by inserting after paragraph (81) the following 
                new paragraph:
            ``(82) 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, if the period of 
        sentence to the institution does not exceed 90 days--
                    ``(A) the enrollment of such individual shall be 
                reinstated automatically upon release from the 
                institution without the need to reapply for such 
                assistance; 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) 5 percentage point increase in fmap during year after 
        reinstatement after implementation of reinstatement system.--
        Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) 
        is amended by adding at the end the following: 
        ``Notwithstanding the first sentence, for 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)(82), with respect to items and services 
        furnished to an individual described in such section who loses 
        medical assistance by becoming an inmate of a public 
        institution, the Federal medical assistance percentage 
        otherwise applied shall be increased by 5 percentage points 
        (but in no case shall the Federal medical assistance percentage 
        exceed 100 percent) for medical assistance for items and 
        services furnished during the 1-year period beginning on the 
        date the individual's eligibility for medical assistance under 
        this title is reinstated under such section after release from 
        the public institution.''.
            (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)(82) of such Act, as inserted by paragraph (1).
            (4) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        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 180 days after the date of the 
        enactment of this Act, except that the Secretary of Health and 
        Human Services shall not undertake any enforcement against a 
        State that fails to meet the requirement of section 1902(a)(82) 
        of the Social Security Act, as inserted by such amendments, 
        until the State has had a reasonable opportunity (of not less 
        than 180 days) to modify its computer system described in 
        section 1903(a)(3)(A)(i) of such Act (42 U.S.C. 
        1396b(a)(3)(A)(i)) so the system can meet the requirement of 
        such section 1902(a)(82).
    (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>