,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ddja ,,in ,,the ,,house ,,of ,,representatives ,november #ae1 #bjag,mr4 ,carson of ,indiana 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 ,according to the ,bureau of ,justice ,statistics1 nearly #ad percent of ,state and ,federal prisoners meet the threshold for serious psychological distress4 ,the same peer-reviewed study finds #bf percent of jail inmates report experiences that meet the threshold for serious psychological distress4 7#b7 ,whereas the occurrence of cases of serious psychological distress is high among the incarcerated population of the ,united ,states of ,america1 the ,bureau of ,justice ,statistics simultaneously finds statistically significant differences and disparities in the general population1 which suffers from serious psychological distress at a much lower rate--a non-comparable #e percent of the general population suffers from serious psychological distress4 7#c7 ,data clearly demonstrates heavier rates of serious psychological distress among the female incarcerated population4 ,due to societal conditions1 female inmates in ,american prisons and jails are at higher risks of serious psychological distress4 ,the cyclical nature and recurring effects are detrimental to society's sustainability4 7#d7 ,furthermore and more importantly1 #be-bf 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 lifetime4 7#e7 ,in ,united ,states jails1 the following statistics are consistent with this troubling trend3 7,a7 #cb percent of the incarcerated female population meets the threshold for serious psychological distress4 7,b7 #bf percent of the incarcerated male population meets the threshold for serious psychological distress4 7,c7 #fh percent of female jail inmates have a history of a mental health problem4 7,d7 #da percent of male jail inmates have a history of a mental health problem4 7,e7 #dd percent of jail inmates have been told by a mental health professional that they have a mental health disorder4 7#f7 ,in the ,united ,states prisons1 the following statistics are consistent with the aforementioned jail statistics3 7,a7 #cg percent of prisoners have been told by a mental health professional that they have a mental health disorder4 7,b7 #bj percent of females in prisons meet the threshold for serious psychological distress4 7,c7 #ad percent of males in prisons meet the threshold for serious psychological distress4 7,d7 #ff percent of female prisoners have been told by a mental health professional that they have a mental health disorder4 7,e7 #ce percent of male prisoners have been told by a mental health professional that they have a mental health disorder4 #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 7vi7 ,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 7vii7 ,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 7viii7 ,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#hb72 7,b7 by striking the period at the end of paragraph 7#hc7 and inserting 2 and2 and 7,c7 by inserting after paragraph 7#hc7 the following new paragraph3 7#hd7 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#hd71 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 paragraph 7#hd7 of section #aijb7;a7 of such ,act 7#db ,u4,s4,c4 #acif;b7a771 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#hd7 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#hd74 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