I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recidivism Reduction 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) According to the Bureau of Justice Statis2 tics, nearly 14 percent of State and Federal pris3 oners meet the threshold for serious psychological 

4 distress. The same peer-reviewed study finds 26 per5 cent of jail inmates report experiences that meet the 

6 threshold for serious psychological distress. 

7 (2) Whereas the occurrence of cases of serious 

8 psychological distress is high among the incarcerated 

9 population of the United States of America, the Bu10 reau of Justice Statistics simultaneously finds statis11 tically significant differences and disparities in the 

12 general population, which suffers from serious psy13 chological distress at a much lower rate—a non-com14 parable 5 percent of the general population suffers 

15 from serious psychological distress. 

16 (3) Data clearly demonstrates heavier rates of 

17 serious psychological distress among the female in18 carcerated population. Due to societal conditions, fe19 male inmates in American prisons and jails are at 

20 higher risks of serious psychological distress. The cy21 clical nature and recurring effects are detrimental to 

22 society’s sustainability. 

23 (4) Furthermore and more importantly, 25–26 

24 percent of the incarcerated population in the United 

25 States of America that meets the threshold for seriVerDate Sep 11 2014 00:20 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4401.IH H4401

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1 ous psychological distress have not received health 

2 treatment in their lifetime. 

3 (5) In United States jails, the following statis4 tics are consistent with this troubling trend: 

5 (A) 32 percent of the incarcerated female 

6 population meets the threshold for serious psy7 chological distress. 

8 (B) 26 percent of the incarcerated male 

9 population meets the threshold for serious psy10 chological distress. 

11 (C) 68 percent of female jail inmates have 

12 a history of a mental health problem. 

13 (D) 41 percent of male jail inmates have 

14 a history of a mental health problem. 

15 (E) 44 percent of jail inmates have been 

16 told by a mental health professional that they 

17 have a mental health disorder. 

18 (6) In the United States prisons, the following 

19 statistics are consistent with the aforementioned jail 

20 statistics: 

21 (A) 37 percent of prisoners have been told 

22 by a mental health professional that they have 

23 a mental health disorder. 

24 (B) 20 percent of females in prisons meet 

25 the threshold for serious psychological distress. 


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1 (C) 14 percent of males in prisons meet 

2 the threshold for serious psychological distress. 

3 (D) 66 percent of female prisoners have 

4 been told by a mental health professional that 

5 they have a mental health disorder. 

6 (E) 35 percent of male prisoners have been 

7 told by a mental health professional that they 

8 have a mental health disorder. 

9 SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS. 

10 (a) REINSTATEMENT OR RESUMPTION OF BENEFITS

11 ON RELEASE OF INMATE FROM INCARCERATION.—Sec12 tion 1631 of the Social Security Act (42 U.S.C. 1383) is 

13 amended by adding at the end the following: 

14 ‘‘(q)(1)(A)(i) Eligibility for benefits under this title 

15 shall be reinstated in any case where the Commissioner 

16 determines that an individual described in clause (ii) has 

17 filed a request for reinstatement meeting the requirements 

18 of subparagraph (B)(i) during the period described in 

19 clause (iii). Reinstatement of eligibility shall be in accord20 ance with the terms of this paragraph. Notwithstanding 

21 the preceding provisions of this clause, eligibility for bene22 fits under this title of an individual who has become an 

23 inmate of a jail, prison, penal institution, or correctional 

24 facility shall be reinstated automatically upon discharge 

25 or release from the institution, without the need to reapply 


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1 for the benefits, if the period of sentence to the institution 

2 does not exceed 90 days. 

3 ‘‘(ii) An individual is described in this clause if— 

4 ‘‘(I) before the month in which the individual 

5 files a request for reinstatement— 

6 ‘‘(aa) the individual was eligible for bene7 fits under this title on the basis of disability; 

8 and 

9 ‘‘(bb) the individual thereafter was ineli10 gible for such benefits because the individual 

11 was an inmate of a jail, prison, penal institu12 tion, or correctional facility for a period of 12 

13 or more consecutive months; 

14 ‘‘(II) the individual is blind or disabled, and the 

15 individual’s blindness or disability renders the indi16 vidual unable to perform substantial gainful activity; 

17 and 

18 ‘‘(III) the individual meets the nonmedical re19 quirements for eligibility for benefits under this title. 

20 ‘‘(iii)(I) Except as provided in subclause (II), the pe21 riod prescribed in this clause with respect to an individual 

22 is 36 consecutive months beginning with the month fol23 lowing the most recent month for which the individual was 

24 ineligible for benefits under this title before the period of 

25 ineligibility described in clause (ii)(I)(bb). 


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1 ‘‘(II) In the case of an individual who fails to file 

2 a reinstatement request within the period described in sub3 clause (I), the Commissioner may extend the period if the 

4 Commissioner determines that the individual had good 

5 cause for the failure to so file. 

6 ‘‘(B)(i)(I) A request for reinstatement shall be filed 

7 on such form, and contain such information, as the Com8 missioner may prescribe. 

9 ‘‘(II) A request for reinstatement shall include ex10 press declarations by the individual stating that the indi11 vidual meets the requirements specified in subclauses (II) 

12 and (III) of subparagraph (A)(ii). 

13 ‘‘(III) A request for reinstatement shall include an 

14 express declaration by a health care professional that the 

15 individual is blind or disabled. 

16 ‘‘(ii) A request for reinstatement filed in accordance 

17 with this paragraph may constitute an application for ben18 efits in the case of any individual who the Commissioner 

19 determines is not eligible for reinstated benefits under this 

20 paragraph. 

21 ‘‘(C) In determining whether an individual meets the 

22 requirement of subparagraph (A)(ii)(II), the provisions of 

23 section 1614(a)(4) shall apply. 


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1 ‘‘(D)(i) Eligibility for benefits reinstated under this 

2 paragraph shall commence with the benefit payable for the 

3 month in which— 

4 ‘‘(I) a request for reinstatement is filed; or 

5 ‘‘(II) if the request is filed before the individual 

6 is discharged or released from a jail, prison, deten7 tion center, or correctional facility, the individual is 

8 so discharged or released. 

9 ‘‘(ii) The amount of benefit payable for any month 

10 pursuant to the reinstatement of eligibility under this 

11 paragraph shall be determined in accordance with the pro12 visions of this title. 

13 ‘‘(E) Whenever an individual’s eligibility for benefits 

14 under this title is reinstated under this paragraph, eligi15 bility for the benefits shall be reinstated with respect to 

16 the individual’s spouse if the spouse was previously an eli17 gible spouse of the individual under this title and the Com18 missioner determines that the spouse satisfies all the re19 quirements for eligibility for the benefits except require20 ments related to the filing of an application. The provi21 sions of subparagraph (D) shall apply to the reinstated 

22 eligibility of the spouse to the same extent that they apply 

23 to the reinstated eligibility of the individual. 

24 ‘‘(2) For purposes of this subsection, the term ‘bene25 fits under this title’ includes State supplementary payVerDate Sep 11 2014 00:20 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4401.IH H4401

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1 ments made pursuant to an agreement under section 

2 1616(a) of this Act or section 212(b) of Public Law 93– 

3 66.’’. 

4 (b) COOPERATION OF PENAL INSTITUTIONS IN PRO5 VIDING NOTICE OF PENDING RELEASE OF INMATE AND

6 IN ASSISTING SOON TO BE RELEASED INMATES IN HAV7 ING BENEFITS RESUMED.— 

8 (1) IN GENERAL.—Section 1611(e)(1)(I)(i) of 

9 such Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended— 

10 (A) in subclause (I), by inserting ‘‘and 

11 scheduled release’’ after ‘‘commencement’’; and 

12 (B) in subclause (II)— 

13 (i) by inserting ‘‘(other than sched14 uled release information)’’ before ‘‘to the 

15 Commissioner’’; 

16 (ii) by inserting ‘‘(other than sched17 uled release information)’’ before ‘‘after 30 

18 days’’; and 

19 (iii) by inserting ‘‘except that the 

20 Commissioner shall not make a payment 

21 under this subclause to an institution if 

22 the institution does not furnish scheduled 

23 release information at least 30 days before 

24 the scheduled release or does not have in 

25 place personnel and procedures to inform 


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1 and assist inmates scheduled to be released 

2 in applying to have their benefits under 

3 this title resumed’’ before the period. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1) shall take effect 1 year after the 

6 date of the enactment of this Act. 

7 (3) NOTICE OF REQUIREMENT TO FURNISH IN8 FORMATION ABOUT SCHEDULED RELEASE OF IN9 MATES.—The Commissioner of Social Security shall 

10 notify each institution with which the Commissioner 

11 has entered into an agreement under section 

12 1611(e)(1)(I)(i) of the Social Security Act of the 

13 payment restriction added by paragraph (1) of this 

14 subsection. 

15 (c) NOTICE AND TRAINING RELATED TO PRE-RE16 LEASE AGREEMENTS.—Section 1611(e)(1)(I) of such Act 

17 (42 U.S.C. 1382(e)(1)(I)) is amended by adding at the 

18 end the following: 

19 ‘‘(vi) The Commissioner shall provide technical sup20 port and resources to each State or local institution com21 prising a jail, prison, penal institution, or correctional fa22 cility, and any other State or local institution a purpose 

23 of which is to confine individuals as described in section 

24 202(x)(1)(A)(ii) with respect to, and notify each such inVerDate Sep 11 2014 00:20 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4401.IH H4401

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1 stitution of the availability of, the pre-release agreements 

2 provided for in this subparagraph. 

3 ‘‘(vii) Within 6 months after the end of each fiscal 

4 year, the Commissioner shall submit to the Congress a 

5 written report on the activities conducted pursuant to this 

6 subparagraph during the fiscal year. 

7 ‘‘(viii) The Commissioner shall develop model pre-re8 lease procedures which States may use to facilitate the 

9 goals of this subparagraph.’’. 

10 (d) EFFECTIVE DATE.—Except as provided in sub11 section (b)(2), the amendments made by this section shall 

12 take effect on the date of the enactment of this Act, and 

13 shall apply to benefits payable for months beginning after 

14 such date. 

15 SEC. 4. SOCIAL SECURITY BENEFITS. 

16 (a) PRE-RELEASE PROCEDURES FOR DISABLED

17 PRISONERS AND OTHER INDIVIDUALS.— 

18 (1) IN GENERAL.—Section 202(x) of the Social 

19 Security Act (42 U.S.C. 402(x)) is amended by add20 ing at the end the following: 

21 ‘‘(4) The Commissioner shall develop a system under 

22 which an individual whose disability insurance benefits 

23 under section 223 or other benefits under this section 

24 based on disability have been suspended under this sub25 section by reason of confinement in an institution comVerDate Sep 11 2014 00:20 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4401.IH H4401

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1 prising a jail, prison, penal institution, or correctional fa2 cility, or comprising any other institution a purpose of 

3 which is to confine individuals as described in paragraph 

4 (1)(A)(ii), can apply for resumption of such benefits prior 

5 to cessation of such confinement.’’. 

6 (2) EFFECTIVE DATE.—The Commissioner of 

7 Social Security shall implement the system described 

8 in section 202(x)(4) of the Social Security Act (as 

9 added by this subsection) not later than 180 days 

10 after the date of the enactment of this Act. 

11 (b) COOPERATION OF PENAL INSTITUTIONS IN PRO12 VIDING NOTICE OF PENDING RELEASE OF INMATE AND

13 IN ASSISTING SOON TO BE RELEASED INMATES IN HAV14 ING BENEFITS RESUMED.— 

15 (1) IN GENERAL.—Section 202(x)(3)(B)(i) of 

16 such Act (42 U.S.C. 402(x)(3)(B)(i)) is amended— 

17 (A) in subclause (I), by inserting ‘‘and 

18 scheduled release’’ after ‘‘commencement’’; and 

19 (B) in subclause (II)— 

20 (i) by inserting ‘‘(other than sched21 uled release information)’’ before ‘‘to the 

22 Commissioner’’; 

23 (ii) by inserting ‘‘(other than sched24 uled release information)’’ before ‘‘after 30 

25 days’’; and 


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1 (iii) by inserting ‘‘, except that the 

2 Commissioner shall not make a payment 

3 under this subclause to an institution if 

4 the institution does not furnish scheduled 

5 release information at least 30 days before 

6 the scheduled release or does not have in 

7 place personnel and procedures to inform 

8 and assist inmates scheduled to be released 

9 in applying to have their benefits under 

10 this title resumed’’ before the period. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by paragraph (1) shall take effect 1 year after the 

13 date of the enactment of this Act. 

14 (3) NOTICE OF REQUIREMENT TO FURNISH IN15 FORMATION ABOUT SCHEDULED RELEASE OF IN16 MATES.—The Commissioner of Social Security shall 

17 notify each institution with which the Commissioner 

18 has entered into an agreement under section 

19 202(x)(3)(B)(i) of the Social Security Act of the 

20 payment restriction added by paragraph (1) of this 

21 subsection. 

22 (c) NOTICE AND TRAINING RELATED TO PRE-RE23 LEASE AGREEMENTS.—Section 202(x)(3)(B) of such Act 

24 (42 U.S.C. 402(x)(3)(B)) is amended by adding at the end 

25 the following: 


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1 ‘‘(v) The Commissioner shall provide technical sup2 port and resources to each State or local institution com3 prising a jail, prison, penal institution, or correctional fa4 cility, and any other State or local institution a purpose 

5 of which is to confine individuals as described in para6 graph (1)(A)(ii) with respect to, and notify each such in7 stitution of the availability of, the pre-release agreements 

8 provided for in this subparagraph. 

9 ‘‘(vi) Within 6 months after the end of each fiscal 

10 year, the Commissioner shall submit to the Congress a 

11 written report on the activities conducted pursuant to this 

12 subparagraph during the fiscal year.’’. 

13 SEC. 5. MEDICAID BENEFITS. 

14 (a) REINSTATEMENT OF MEDICAID ENROLLMENT.— 

15 (1) IN GENERAL.—Section 1902(a) of the So16 cial Security Act (42 U.S.C. l396b(a)) is amended— 

17 (A) by striking ‘‘and’’ at the end of para18 graph (82); 

19 (B) by striking the period at the end of 

20 paragraph (83) and inserting ‘‘; and’’; and 

21 (C) by inserting after paragraph (83) the 

22 following new paragraph: 

23 ‘‘(84) provide that in the case of any individual 

24 enrolled for medical assistance under the State plan 

25 immediately before becoming an inmate of a public 


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1 institution, if the period of sentence to the institu2 tion does not exceed 90 days— 

3 ‘‘(A) the enrollment of such individual 

4 shall be reinstated automatically upon release 

5 from the institution without the need to reapply 

6 for such assistance; and 

7 ‘‘(B) any period of continuous eligibility in 

8 effect on the date the individual became such 

9 an inmate shall be reinstated as of the date of 

10 the release and the duration of such period 

11 shall be determined without regard to the pe12 riod in which the individual was such an in13 mate.’’. 

14 (2) 5 PERCENTAGE POINT INCREASE IN FMAP

15 DURING YEAR AFTER REINSTATEMENT AFTER IM16 PLEMENTATION OF REINSTATEMENT SYSTEM.—Sec17 tion 1905(b) of the Social Security Act (42 U.S.C. 

18 1396d(b)) is amended by adding at the end the fol19 lowing: ‘‘Notwithstanding the first sentence, for cal20 endar quarters beginning after the date a State 

21 modifies its computer system described in subsection 

22 (a)(3)(A)(i) so that it can easily provide for the rein23 statement of medical assistance required under sec24 tion 1902(a)(84), with respect to items and services 

25 furnished to an individual described in such section 


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1 who loses medical assistance by becoming an inmate 

2 of a public institution, the Federal medical assist3 ance percentage otherwise applied shall be increased 

4 by 5 percentage points (but in no case shall the Fed5 eral medical assistance percentage exceed 100 per6 cent) for medical assistance for items and services 

7 furnished during the 1-year period beginning on the 

8 date the individual’s eligibility for medical assistance 

9 under this title is reinstated under such section after 

10 release from the public institution.’’. 

11 (3) CLARIFICATION OF TREATMENT OF CER12 TAIN ADMINISTRATIVE EXPENSES.—Nothing in sec13 tion 1905(a) of the Social Security Act (42 U.S.C. 

14 1396d(a)) shall be construed as prohibiting or pre15 venting the provision of Federal financial participa16 tion under section 1903(a) of such Act (42 U.S.C. 

17 1396b(a)) to States for reasonable administrative 

18 costs of determining eligibility status of individuals 

19 described in paragraph (84) of section 1902(a) of 

20 such Act (42 U.S.C. 1396b(a)), as inserted by para21 graph (1). 

22 (4) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1) shall take effect on the date of the 

24 enactment of this Act and shall apply to individuals 

25 who are released from being an inmate of a public 


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1 institution on or after the first day of the first cal2 endar quarter beginning 180 days after the date of 

3 the enactment of this Act, except that the Secretary 

4 of Health and Human Services shall not undertake 

5 any enforcement against a State that fails to meet 

6 the requirement of section 1902(a)(84) of the Social 

7 Security Act, as inserted by such amendments, until 

8 the State has had a reasonable opportunity (of not 

9 less than 180 days) to modify its computer system 

10 described in section 1903(a)(3)(A)(i) of such Act 

11 (42 U.S.C. 1396b(a)(3)(A)(i)) so the system can 

12 meet the requirement of such section 1902(a)(84). 

13 (b) AUTHORIZATION OF CASE MANAGEMENT SERV14 ICES.—The first sentence of section 1915(g)(1) of the So15 cial Security Act (42 U.S.C. 1396n(g)(1)) is amended by 

16 inserting before the period at the end the following: ‘‘and 

17 for the purpose of providing no more than three case man18 agement services, without regard to the subdivision (A) 

19 following section 1905(a)(29), in order to engage in plan20 ning for services following release from a public institu21 tion’’. 

Æ 


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