[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4401 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4401

    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, 2017

Mr. Carson of Indiana 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) According to the Bureau of Justice Statistics, nearly 
        14 percent of State and Federal prisoners meet the threshold 
        for serious psychological distress. The same peer-reviewed 
        study finds 26 percent of jail inmates report experiences that 
        meet the threshold for serious psychological distress.
            (2) Whereas the occurrence of cases of serious 
        psychological distress is high among the incarcerated 
        population of the United States of America, the Bureau of 
        Justice Statistics simultaneously finds statistically 
        significant differences and disparities in the general 
        population, which suffers from serious psychological distress 
        at a much lower rate--a non-comparable 5 percent of the general 
        population suffers from serious psychological distress.
            (3) Data clearly demonstrates heavier rates of serious 
        psychological distress among the female incarcerated 
        population. Due to societal conditions, female inmates in 
        American prisons and jails are at higher risks of serious 
        psychological distress. The cyclical nature and recurring 
        effects are detrimental to society's sustainability.
            (4) Furthermore and more importantly, 25-26 percent of the 
        incarcerated population in the United States of America that 
        meets the threshold for serious psychological distress have not 
        received health treatment in their lifetime.
            (5) In United States jails, the following statistics are 
        consistent with this troubling trend:
                    (A) 32 percent of the incarcerated female 
                population meets the threshold for serious 
                psychological distress.
                    (B) 26 percent of the incarcerated male population 
                meets the threshold for serious psychological distress.
                    (C) 68 percent of female jail inmates have a 
                history of a mental health problem.
                    (D) 41 percent of male jail inmates have a history 
                of a mental health problem.
                    (E) 44 percent of jail inmates have been told by a 
                mental health professional that they have a mental 
                health disorder.
            (6) In the United States prisons, the following statistics 
        are consistent with the aforementioned jail statistics:
                    (A) 37 percent of prisoners have been told by a 
                mental health professional that they have a mental 
                health disorder.
                    (B) 20 percent of females in prisons meet the 
                threshold for serious psychological distress.
                    (C) 14 percent of males in prisons meet the 
                threshold for serious psychological distress.
                    (D) 66 percent of female prisoners have been told 
                by a mental health professional that they have a mental 
                health disorder.
                    (E) 35 percent of male prisoners have been told by 
                a mental health professional that they have a mental 
                health disorder.

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:
    ``(vi) 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.
    ``(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 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 
                (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, 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)(84), 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 paragraph (84) 
        of section 1902(a) of such Act (42 U.S.C. 1396b(a)), 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)(84) 
        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)(84).
    (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''.
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