,i #aacth ,,congress #ast ,session ,h4 ,r4 #cabc ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjac,mr4 ,carson of ,indiana 7for himself1 ,mr4 ,cartwright1 ,ms4 ,edwards1 ,ms4 ,lee of ,california1 ,mr4 ,lewis1 ,mr4 ,meeks1 ,ms4 ,norton1 and ,mr4 ,rangel7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 ,income1 ,social ,security disability1 and ,medicaid benefits for persons released from certain public institutions4 #a4 ,short title ,this ,act may be cited as the ,recidivism ,reduction ,act4 #b4 ,findings ,the ,congress finds as follows3 7#a7 ,there are an estimated #cej1jjj mentally ill individuals in ,state and ,federal prisons4 7#b7 ,according to the ,bureau of ,justice ,statistics1 nearly #ae percent of men and #ca percent of women in jails have serious mental illnesses1 with female inmates having higher rates of mental health problems than male inmates--,state prisons3 #gc percent of females and #ee percent of males2 local jails3 #ge percent of females and #fc percent of males4 7#c7 ,according to surveys completed by the ,bureau of ,justice ,statistics1 #af4c percent of jail inmates reported they had a mental health condition or an overnight stay in a mental hospital in their lifetime1 and #fj4e percent of local jail inmates reported they had symptoms of a mental illness4 7#d7 ,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 jail1 prison1 juvenile detention1 or other correctional facilities4 7#e7 ,as a matter of public safety1 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 rely4 7#f7 ,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 7,,ssdi71 ,supplemental ,security ,income 7,,ssi71 or ,medicaid to maintain health and to safely transition from correctional facilities into the community4 7#g7 ,it is the policy of the ,united ,states to provide individuals with disabilities assistance in leading healthy and productive lives4 7#h7 ,on average1 mentally ill inmates serve #ajc4d months in ,state prison until their release1 as compared to #hh4b months for other inmates4 ,yet1 their ,,ssi benefits terminate after #ab consecutive months of their incarceration4 ,on average1 it takes #ic days to reinstate those benefits4 7#i7 ,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 care4 ,,ssi beneficiaries who lose benefits because of incarceration may also lose ,medicaid coverage4 7#aj7 ,without prompt access to ,federal disability benefits on their release1 individuals with psychiatric disabilities who come into contact with the criminal justice system often become trapped in many cycles of arrest1 release1 destitution1 deterioration1 and re-arrest4 7#aa7 ,rates for mentally ill offenders are very high4 ,a ,bureau of ,justice ,statistics report found that over #c_/d of mentally ill inmates had been sentenced to time in prison or jail or were on probation at least once before their current sentence4 7,a7 ,three-quarters of those returning from prison have a history of substance use disorders4 ,over #gj percent of prisoners with serious mental illnesses also have a substance use disorder4 7,b7 ,among repeat offenders1 an estimated #dg percent of ,state prisoners who had a mental health problem were violent recidivists1 compared to #ci percent of ,state prisoners without a mental problem4 7#ab7 ,among the mentally ill1 #eb percent of ,state prison inmates1 #ed percent of jail inmates1 and #di percent of ,federal prison inmates reported #c or more prior sentences of probation or incarceration4 7#ac7 ,nearly #a_/d of both ,state prisoners and jail inmates who had a mental health problem1 compared to #a_/e of those without1 had been incarcerated on #c or more prior occasions4 7#ad7 ,although discharge-planning practices vary considerably1 inmates are typically released with no more than a #b-week supply of even crucial medications such as insulin and with no primary care follow-up1 so the burden of care falls predominantly on emergency rooms and is financed primarily by the public4 #c4 ,supplemental security income benefits 7a7 ,reinstatement or resumption of benefits on release of inmate from incarceration ,section #afca of the ,social ,security ,act 7#db ,u4,s4,c4 #achc7 is amended by adding at the end the following3 7q7 7#a7 7,a7 7i7 ,eligibility for benefits under this title shall be reinstated in any case where the ,commissioner determines that an individual described in clause 7ii7 has filed a request for reinstatement meeting the requirements of subparagraph 7,b77i7 during the period described in clause 7iii74 ,reinstatement of eligibility shall be in accordance with the terms of this paragraph4 ,notwithstanding the preceding provisions of this clause1 eligibility for benefits under this title of an individual who has become an inmate of a jail1 prison1 penal institution1 or correctional facility shall be reinstated automatically upon discharge or release from the institution1 without the need to reapply for the benefits1 if the period of sentence to the institution does not exceed #ij days4 7ii7 ,an individual is described in this clause if-- 7,i7 before the month in which the individual files a request for reinstatement-- 7aa7 the individual was eligible for benefits under this title on the basis of disability2 and 7bb7 the individual thereafter was ineligible for such benefits because the individual was an inmate of a jail1 prison1 penal institution1 or correctional facility for a period of #ab or more consecutive months2 7,,ii7 the individual is blind or disabled1 and the individual's blindness or disability renders the individual unable to perform substantial gainful activity2 and 7,,iii7 the individual meets the nonmedical requirements for eligibility for benefits under this title4 7iii7 7,i7 ,except as provided in subclause 7,,ii71 the period prescribed in this clause with respect to an individual is #cf 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 7ii77,i77bb74 7,,ii7 ,in the case of an individual who fails to file a reinstatement request within the period described in subclause 7,i71 the ,commissioner may extend the period if the ,commissioner determines that the individual had good cause for the failure to so file4 7,b7 7i7 7,i7 ,a request for reinstatement shall be filed on such form1 and contain such information1 as the ,commissioner may prescribe4 7,,ii7 ,a request for reinstatement shall include express declarations by the individual stating that the individual meets the requirements specified in subclauses 7,,ii7 and 7,,iii7 of subparagraph 7,a77ii74 7,,iii7 ,a request for reinstatement shall include an express declaration by a health care professional that the individual is blind or disabled4 7ii7 ,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 paragraph4 7,c7 ,in determining whether an individual meets the requirement of subparagraph 7,a77ii77,,ii71 the provisions of section #afad7;a77#d7 shall apply4 7,d7 7i7 ,eligibility for benefits reinstated under this paragraph shall commence with the benefit payable for the month in which-- 7,i7 a request for reinstatement is filed2 or 7,,ii7 if the request is filed before the individual is discharged or released from a jail1 prison1 detention center1 or correctional facility1 the individual is so discharged or released4 7ii7 ,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 title4 7,e7 ,whenever an individual's eligibility for benefits under this title is reinstated under this paragraph1 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 application4 ,the provisions of subparagraph 7,d7 shall apply to the reinstated eligibility of the spouse to the same extent that they apply to the reinstated eligibility of the individual4 7#b7 ,for purposes of this subsection1 the term benefits under this title includes ,state supplementary payments made pursuant to an agreement under section #afaf7;a7 of this ,act or section #bab7;b7 of ,public ,law #ic-ff4 4 7b7 ,cooperation of penal institutions in providing notice of pending release of inmate and in assisting soon ,to be released inmates in having benefits resumed 7#a7 ,in general ,section #afaa7;e77#a77;,i77i7 of such ,act 7#db ,u4,s4,c4 #achb7;e77#a77;,i77i77 is amended-- 7,a7 in subclause 7,i71 by inserting and scheduled release after commencement2 and 7,b7 in subclause 7,,ii7-- 7i7 by inserting 7other than scheduled release information7 before to the ,commissioner2 7ii7 by inserting 7other than scheduled release information7 before after #cj days2 and 7iii7 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 #cj 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 period4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect #a year after the date of the enactment of this ,act4 7#c7 ,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 #afaa7;e77#a77;,i77i7 of the ,social ,security ,act of the payment restriction added by paragraph 7#a7 of this subsection4 7c7 ,notice and training related to pre-,release agreements ,section #afaa7;e77#a77;,i7 of such ,act 7#db ,u4,s4,c4 #achb7;e77#a77;,i77 is amended by adding at the end the following3 7v7 ,the ,commissioner shall provide technical support and resources to each ,state or local institution comprising a jail1 prison1 penal institution1 or correctional facility1 and any other ,state or local institution a purpose of which is to confine individuals as described in section #bjb7x77#a77;,a77ii7 with respect to1 and notify each such institution of the availability of1 the pre-release agreements provided for in this subparagraph4 7vi7 ,within #f months after the end of each fiscal year1 the ,commissioner shall submit to the ,congress a written report on the activities conducted pursuant to this subparagraph during the fiscal year4 7vii7 ,the ,commissioner shall develop model pre-release procedures which ,states may use to facilitate the goals of this subparagraph4 4 7d7 ,effective date ,except as provided in subsection 7b77#b71 the amendments made by this section shall take effect on the date of the enactment of this ,act1 and shall apply to benefits payable for months beginning after such date4 #d4 ,social ,security benefits 7a7 ,pre-,release procedures for disabled prisoners and other individuals 7#a7 ,in general ,section #bjb7x7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7x77 is amended by adding at the end the following3 7#d7 ,the ,commissioner shall develop a system under which an individual whose disability insurance benefits under section #bbc or other benefits under this section based on disability have been suspended under this subsection by reason of confinement in an institution comprising a jail1 prison1 penal institution1 or correctional facility1 or comprising any other institution a purpose of which is to confine individuals as described in paragraph 7#a77;,a77ii71 can apply for resumption of such benefits prior to cessation of such confinement4 4 7#b7 ,effective date ,the ,commissioner of ,social ,security shall implement the system described in section #bjb7x77#d7 of the ,social ,security ,act 7as added by this subsection7 not later than #ahj days after the date of the enactment of this ,act4 7b7 ,cooperation of penal institutions in providing notice of pending release of inmate and in assisting soon ,to be released inmates in having benefits resumed 7#a7 ,in general ,section #bjb7x77#c77;,b77i7 of such ,act 7#db ,u4,s4,c4 #djb7x77#c77;,b77i77 is amended-- 7,a7 in subclause 7,i71 by inserting and scheduled release after commencement2 and 7,b7 in subclause 7,,ii7-- 7i7 by inserting 7other than scheduled release information7 before to the ,commissioner2 7ii7 by inserting 7other than scheduled release information7 before after #cj days2 and 7iii7 by inserting 1 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 #cj 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 period4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect #a year after the date of the enactment of this ,act4 7#c7 ,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 #bjb7x77#c77;,b77i7 of the ,social ,security ,act of the payment restriction added by paragraph 7#a7 of this subsection4 7c7 ,notice and training related to pre-,release agreements ,section #bjb7x77#c77;,b7 of such ,act 7#db ,u4,s4,c4 #djb7x77#c77;,b77 is amended by adding at the end the following3 7v7 ,the ,commissioner shall provide technical support and resources to each ,state or local institution comprising a jail1 prison1 penal institution1 or correctional facility1 and any other ,state or local institution a purpose of which is to confine individuals as described in paragraph 7#a77;,a77ii7 with respect to1 and notify each such institution of the availability of1 the pre-release agreements provided for in this subparagraph4 7vi7 ,within #f months after the end of each fiscal year1 the ,commissioner shall submit to the ,congress a written report on the activities conducted pursuant to this subparagraph during the fiscal year4 4 #e4 ,medicaid benefits 7a7 ,reinstatement of ,medicaid enrollment 7#a7 ,in general ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 l#cif;b7a77 is amended-- 7,a7 by striking and at the end of paragraph 7#hj72 7,b7 by striking the period at the end of paragraph 7#ha7 and inserting 2 and2 and 7,c7 by inserting after paragraph 7#ha7 the following new paragraph3 7#hb7 provide that in the case of any individual enrolled for medical assistance under the ,state plan immediately before becoming an inmate of a public institution1 if the period of sentence to the institution does not exceed #ij days-- 7,a7 the enrollment of such individual shall be reinstated automatically upon release from the institution without the need to reapply for such assistance2 and 7,b7 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 inmate4 4 7#b7 #e percentage point increase in ,,fmap during year after reinstatement after implementation of reinstatement system ,section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended by adding at the end the following3 ,notwithstanding the first sentence1 for calendar quarters beginning after the date a ,state modifies its computer system described in subsection 7a77#c77;,a77i7 so that it can easily provide for the reinstatement of medical assistance required under section #aijb7;a77#hb71 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 institution1 the ,federal medical assistance percentage otherwise applied shall be increased by #e percentage points 7but in no case shall the ,federal medical assistance percentage exceed #ajj percent7 for medical assistance for items and services furnished during the #a-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 institution44 7#c7 ,clarification of treatment of certain administrative expenses ,nothing in section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 shall be construed as prohibiting or preventing the provision of ,federal financial participation under section #aijc7;a7 of such ,act 7#db ,u4,s4,c4 #acif;b7a77 to ,states for reasonable administrative costs of determining eligibility status of individuals described in section #aijb7;a77#hb7 of such ,act1 as inserted by paragraph 7#a74 7#d7 ,effective date ,the amendments made by paragraph 7#a7 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 #ahj days after the date of the enactment of this ,act1 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 #aijb7;a77#hb7 of the ,social ,security ,act1 as inserted by such amendments1 until the ,state has had a reasonable opportunity 7of not less than #ahj days7 to modify its computer system described in section #aijc7;a77#c77;,a77i7 of such ,act 7#db ,u4,s4,c4 #acif;b7a77#c77;,a77i77 so the system can meet the requirement of such section #aijb7;a77#hb74 7b7 ,authorization of case management services ,the first sentence of section #aiae7;g77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn7g77#a77 is amended by inserting before the period at the end the following3 and for the purpose of providing no more than three case management services1 without regard to the subdivision 7,a7 following section #aije7;a77#bi71 in order to engage in planning for services following release from a public institution4