I 

114TH CONGRESS 

1ST SESSION H. R. 2806 

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 

JUNE 17, 2015 

Mr. CARSON of Indiana (for himself, Mr. BISHOP of Georgia, Mr. CARTWRIGHT, Mr. CLEAVER, Mr. DANNY K. DAVIS of Illinois, Ms. EDWARDS, 

Mr. ELLISON, Mr. FATTAH, Mr. GRIJALVA, Mr. HASTINGS, Ms. NORTON, 

Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Ms. KAPTUR, Ms. KELLY

of Illinois, Mrs. LAWRENCE, Mr. LEWIS, Mr. MEEKS, Ms. PLASKETT, Mr. 

RANGEL, and Ms. MAXINE WATERS of California) 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’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds as follows: 

3 (1) There are an estimated 350,000 mentally ill 

4 individuals in State and Federal prisons. 

5 (2) According to the Bureau of Justice Statis6 tics, nearly 15 percent of men and 31 percent of 

7 women in jails have serious mental illnesses, with fe8 male inmates having higher rates of mental health 

9 problems than male inmates—State prisons: 73 per10 cent of females and 55 percent of males; local jails: 

11 75 percent of females and 63 percent of males. 

12 (3) According to surveys completed by the Bu13 reau of Justice Statistics, 16.3 percent of jail in14 mates reported they had a ‘‘mental health condition’’ 

15 or an overnight stay in a ‘‘mental hospital’’ in their 

16 lifetime, and 60.5 percent of local jail inmates re17 ported they had symptoms of a mental illness. 

18 (4) Access to Federal disability and health care 

19 benefits is a critical component of the successful re20 entry into the community of indigent individuals 

21 with disabilities who are released from jail, prison, 

22 juvenile detention, or other correctional facilities. 

23 (5) As a matter of public safety, individuals 

24 with disabilities released from correctional facilities 

25 must be reinstated in the Federal benefit programs 


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1 that are designed to provide the health services and 

2 financial supports on which they rely. 

3 (6) Individuals with disabilities who live in ex4 treme poverty and who are too disabled to work 

5 after release from correctional facilities require Gov6 ernment supports such as Social Security Disability 

7 Insurance (SSDI), Supplemental Security Income 

8 (SSI), or Medicaid to maintain health and to safely 

9 transition from correctional facilities into the com10 munity. 

11 (7) It is the policy of the United States to pro12 vide individuals with disabilities assistance in leading 

13 healthy and productive lives. 

14 (8) On average, mentally ill inmates serve 103.4 

15 months in State prison until their release, as com16 pared to 88.2 months for other inmates. Yet, their 

17 SSI benefits terminate after 12 consecutive months 

18 of their incarceration. On average, it takes 93 days 

19 to reinstate those benefits. 

20 (9) Health care benefits are especially impor21 tant to low-income individuals with disabilities who 

22 often cannot afford private market insurance and 

23 who are at great risk of incurring exorbitant costs 

24 for health care. SSI beneficiaries who lose benefits 


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1 because of incarceration may also lose Medicaid cov2 erage. 

3 (10) Without prompt access to Federal dis4 ability benefits on their release, individuals with psy5 chiatric disabilities who come into contact with the 

6 criminal justice system often become trapped in 

7 many cycles of arrest, release, destitution, deteriora8 tion, and re-arrest. 

9 (11) Rates for mentally ill offenders are very 

10 high. A Bureau of Justice Statistics report found 

that over 3 11 ⁄4 of mentally ill inmates had been sen12 tenced to time in prison or jail or were on probation 

13 at least once before their current sentence. 

14 (A) Three-quarters of those returning from 

15 prison have a history of substance use dis16 orders. Over 70 percent of prisoners with seri17 ous mental illnesses also have a substance use 

18 disorder. 

19 (B) Among repeat offenders, an estimated 

20 47 percent of State prisoners who had a mental 

21 health problem were violent recidivists, com22 pared to 39 percent of State prisoners without 

23 a mental problem. 

24 (12) Among the mentally ill, 52 percent of 

25 State prison inmates, 54 percent of jail inmates, and 


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1 49 percent of Federal prison inmates reported 3 or 

2 more prior sentences of probation or incarceration. 

(13) Nearly 1 3 ⁄4 of both State prisoners and jail 

4 inmates who had a mental health problem, compared 

to 1 5 ⁄5 of those without, had been incarcerated on 3 

6 or more prior occasions. 

7 (14) Although discharge-planning practices vary 

8 considerably, inmates are typically released with no 

9 more than a 2-week supply of even crucial medica10 tions such as insulin and with no primary care fol11 low-up, so the burden of care falls predominantly on 

12 emergency rooms and is financed primarily by the 

13 public. 

14 SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS. 

15 (a) REINSTATEMENT OR RESUMPTION OF BENEFITS

16 ON RELEASE OF INMATE FROM INCARCERATION.—Sec17 tion 1631 of the Social Security Act (42 U.S.C. 1383) is 

18 amended by adding at the end the following: 

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

20 shall be reinstated in any case where the Commissioner 

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

22 filed a request for reinstatement meeting the requirements 

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

24 clause (iii). Reinstatement of eligibility shall be in accord25 ance with the terms of this paragraph. Notwithstanding 


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1 the preceding provisions of this clause, eligibility for bene2 fits under this title of an individual who has become an 

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

4 facility shall be reinstated automatically upon discharge 

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

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

7 does not exceed 90 days. 

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

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

10 files a request for reinstatement— 

11 ‘‘(aa) the individual was eligible for bene12 fits under this title on the basis of disability; 

13 and 

14 ‘‘(bb) the individual thereafter was ineli15 gible for such benefits because the individual 

16 was an inmate of a jail, prison, penal institu17 tion, or correctional facility for a period of 12 

18 or more consecutive months; 

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

20 individual’s blindness or disability renders the indi21 vidual unable to perform substantial gainful activity; 

22 and 

23 ‘‘(III) the individual meets the nonmedical re24 quirements for eligibility for benefits under this title. 


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1 ‘‘(iii)(I) Except as provided in subclause (II), the pe2 riod prescribed in this clause with respect to an individual 

3 is 36 consecutive months beginning with the month fol4 lowing the most recent month for which the individual was 

5 ineligible for benefits under this title before the period of 

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

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

8 a reinstatement request within the period described in sub9 clause (I), the Commissioner may extend the period if the 

10 Commissioner determines that the individual had good 

11 cause for the failure to so file. 

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

13 on such form, and contain such information, as the Com14 missioner may prescribe. 

15 ‘‘(II) A request for reinstatement shall include ex16 press declarations by the individual stating that the indi17 vidual meets the requirements specified in subclauses (II) 

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

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

20 express declaration by a health care professional that the 

21 individual is blind or disabled. 

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

23 with this paragraph may constitute an application for ben24 efits in the case of any individual who the Commissioner 


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1 determines is not eligible for reinstated benefits under this 

2 paragraph. 

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

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

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

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

7 paragraph shall commence with the benefit payable for the 

8 month in which— 

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

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

11 is discharged or released from a jail, prison, deten12 tion center, or correctional facility, the individual is 

13 so discharged or released. 

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

15 pursuant to the reinstatement of eligibility under this 

16 paragraph shall be determined in accordance with the pro17 visions of this title. 

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

19 under this title is reinstated under this paragraph, eligi20 bility for the benefits shall be reinstated with respect to 

21 the individual’s spouse if the spouse was previously an eli22 gible spouse of the individual under this title and the Com23 missioner determines that the spouse satisfies all the re24 quirements for eligibility for the benefits except require25 ments related to the filing of an application. The proviVerDate Sep 11 2014 21:18 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2806.IH H2806

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1 sions of subparagraph (D) shall apply to the reinstated 

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

3 to the reinstated eligibility of the individual. 

4 ‘‘(2) For purposes of this subsection, the term ‘bene5 fits under this title’ includes State supplementary pay6 ments made pursuant to an agreement under section 

7 1616(a) of this Act or section 212(b) of Public Law 93– 

8 66.’’. 

9 (b) COOPERATION OF PENAL INSTITUTIONS IN PRO10 VIDING NOTICE OF PENDING RELEASE OF INMATE AND

11 IN ASSISTING SOON TO BE RELEASED INMATES IN HAV12 ING BENEFITS RESUMED.— 

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

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

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

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

17 (B) in subclause (II)— 

18 (i) by inserting ‘‘(other than sched19 uled release information)’’ before ‘‘to the 

20 Commissioner’’; 

21 (ii) by inserting ‘‘(other than sched22 uled release information)’’ before ‘‘after 30 

23 days’’; and 

24 (iii) by inserting ‘‘except that the 

25 Commissioner shall not make a payment 


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1 under this subclause to an institution if 

2 the institution does not furnish scheduled 

3 release information at least 30 days before 

4 the scheduled release or does not have in 

5 place personnel and procedures to inform 

6 and assist inmates scheduled to be released 

7 in applying to have their benefits under 

8 this title resumed’’ before the period. 

9 (2) EFFECTIVE DATE.—The amendments made 

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

11 date of the enactment of this Act. 

12 (3) NOTICE OF REQUIREMENT TO FURNISH IN13 FORMATION ABOUT SCHEDULED RELEASE OF IN14 MATES.—The Commissioner of Social Security shall 

15 notify each institution with which the Commissioner 

16 has entered into an agreement under section 

17 1611(e)(1)(I)(i) of the Social Security Act of the 

18 payment restriction added by paragraph (1) of this 

19 subsection. 

20 (c) NOTICE AND TRAINING RELATED TO PRE-RE21 LEASE AGREEMENTS.—Section 1611(e)(1)(I) of such Act 

22 (42 U.S.C. 1382(e)(1)(I)) is amended by adding at the 

23 end the following: 

24 ‘‘(vi) The Commissioner shall provide technical sup25 port and resources to each State or local institution comVerDate Sep 11 2014 21:18 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2806.IH H2806

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1 prising a jail, prison, penal institution, or correctional fa2 cility, and any other State or local institution a purpose 

3 of which is to confine individuals as described in section 

4 202(x)(1)(A)(ii) with respect to, and notify each such in5 stitution of the availability of, the pre-release agreements 

6 provided for in this subparagraph. 

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

8 year, the Commissioner shall submit to the Congress a 

9 written report on the activities conducted pursuant to this 

10 subparagraph during the fiscal year. 

11 ‘‘(viii) The Commissioner shall develop model pre-re12 lease procedures which States may use to facilitate the 

13 goals of this subparagraph.’’. 

14 (d) EFFECTIVE DATE.—Except as provided in sub15 section (b)(2), the amendments made by this section shall 

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

17 shall apply to benefits payable for months beginning after 

18 such date. 

19 SEC. 4. SOCIAL SECURITY BENEFITS. 

20 (a) PRE-RELEASE PROCEDURES FOR DISABLED

21 PRISONERS AND OTHER INDIVIDUALS.— 

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

23 Security Act (42 U.S.C. 402(x)) is amended by add24 ing at the end the following: 


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

2 which an individual whose disability insurance benefits 

3 under section 223 or other benefits under this section 

4 based on disability have been suspended under this sub5 section by reason of confinement in an institution com6 prising a jail, prison, penal institution, or correctional fa7 cility, or comprising any other institution a purpose of 

8 which is to confine individuals as described in paragraph 

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

10 to cessation of such confinement.’’. 

11 (2) EFFECTIVE DATE.—The Commissioner of 

12 Social Security shall implement the system described 

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

14 added by this subsection) not later than 180 days 

15 after the date of the enactment of this Act. 

16 (b) COOPERATION OF PENAL INSTITUTIONS IN PRO17 VIDING NOTICE OF PENDING RELEASE OF INMATE AND

18 IN ASSISTING SOON TO BE RELEASED INMATES IN HAV19 ING BENEFITS RESUMED.— 

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

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

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

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

24 (B) in subclause (II)— 


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1 (i) by inserting ‘‘(other than sched2 uled release information)’’ before ‘‘to the 

3 Commissioner’’; 

4 (ii) by inserting ‘‘(other than sched5 uled release information)’’ before ‘‘after 30 

6 days’’; and 

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

8 Commissioner shall not make a payment 

9 under this subclause to an institution if 

10 the institution does not furnish scheduled 

11 release information at least 30 days before 

12 the scheduled release or does not have in 

13 place personnel and procedures to inform 

14 and assist inmates scheduled to be released 

15 in applying to have their benefits under 

16 this title resumed’’ before the period. 

17 (2) EFFECTIVE DATE.—The amendments made 

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

19 date of the enactment of this Act. 

20 (3) NOTICE OF REQUIREMENT TO FURNISH IN21 FORMATION ABOUT SCHEDULED RELEASE OF IN22 MATES.—The Commissioner of Social Security shall 

23 notify each institution with which the Commissioner 

24 has entered into an agreement under section 

25 202(x)(3)(B)(i) of the Social Security Act of the 


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1 payment restriction added by paragraph (1) of this 

2 subsection. 

3 (c) NOTICE AND TRAINING RELATED TO PRE-RE4 LEASE AGREEMENTS.—Section 202(x)(3)(B) of such Act 

5 (42 U.S.C. 402(x)(3)(B)) is amended by adding at the end 

6 the following: 

7 ‘‘(v) The Commissioner shall provide technical sup8 port and resources to each State or local institution com9 prising a jail, prison, penal institution, or correctional fa10 cility, and any other State or local institution a purpose 

11 of which is to confine individuals as described in para12 graph (1)(A)(ii) with respect to, and notify each such in13 stitution of the availability of, the pre-release agreements 

14 provided for in this subparagraph. 

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

16 year, the Commissioner shall submit to the Congress a 

17 written report on the activities conducted pursuant to this 

18 subparagraph during the fiscal year.’’. 

19 SEC. 5. MEDICAID BENEFITS. 

20 (a) REINSTATEMENT OF MEDICAID ENROLLMENT.— 

21 (1) IN GENERAL.—Section 1902(a) of the So22 cial Security Act (42 U.S.C. l396b(a)) is amended— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (80); 


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

2 paragraph (81) and inserting ‘‘; and’’; and 

3 (C) by inserting after paragraph (81) the 

4 following new paragraph: 

5 ‘‘(82) provide that in the case of any individual 

6 enrolled for medical assistance under the State plan 

7 immediately before becoming an inmate of a public 

8 institution, if the period of sentence to the institu9 tion does not exceed 90 days— 

10 ‘‘(A) the enrollment of such individual 

11 shall be reinstated automatically upon release 

12 from the institution without the need to reapply 

13 for such assistance; and 

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

15 effect on the date the individual became such 

16 an inmate shall be reinstated as of the date of 

17 the release and the duration of such period 

18 shall be determined without regard to the pe19 riod in which the individual was such an in20 mate.’’. 

21 (2) 5 PERCENTAGE POINT INCREASE IN FMAP

22 DURING YEAR AFTER REINSTATEMENT AFTER IM23 PLEMENTATION OF REINSTATEMENT SYSTEM.—Sec24 tion 1905(b) of the Social Security Act (42 U.S.C. 

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1 lowing: ‘‘Notwithstanding the first sentence, for cal2 endar quarters beginning after the date a State 

3 modifies its computer system described in subsection 

4 (a)(3)(A)(i) so that it can easily provide for the rein5 statement of medical assistance required under sec6 tion 1902(a)(82), with respect to items and services 

7 furnished to an individual described in such section 

8 who loses medical assistance by becoming an inmate 

9 of a public institution, the Federal medical assist10 ance percentage otherwise applied shall be increased 

11 by 5 percentage points (but in no case shall the Fed12 eral medical assistance percentage exceed 100 per13 cent) for medical assistance for items and services 

14 furnished during the 1-year period beginning on the 

15 date the individual’s eligibility for medical assistance 

16 under this title is reinstated under such section after 

17 release from the public institution.’’. 

18 (3) CLARIFICATION OF TREATMENT OF CER19 TAIN ADMINISTRATIVE EXPENSES.—Nothing in sec20 tion 1905(a) of the Social Security Act (42 U.S.C. 

21 1396d(a)) shall be construed as prohibiting or pre22 venting the provision of Federal financial participa23 tion under section 1903(a) of such Act (42 U.S.C. 

24 1396b(a)) to States for reasonable administrative 

25 costs of determining eligibility status of individuals 


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1 described in paragraph (82) of section 1902(a) of 

2 such Act (42 U.S.C. 1396b(a)), as inserted by para3 graph (1). 

4 (4) EFFECTIVE DATE.—The amendments made 

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

6 enactment of this Act and shall apply to individuals 

7 who are released from being an inmate of a public 

8 institution on or after the first day of the first cal9 endar quarter beginning 180 days after the date of 

10 the enactment of this Act, except that the Secretary 

11 of Health and Human Services shall not undertake 

12 any enforcement against a State that fails to meet 

13 the requirement of section 1902(a)(82) of the Social 

14 Security Act, as inserted by such amendments, until 

15 the State has had a reasonable opportunity (of not 

16 less than 180 days) to modify its computer system 

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

18 (42 U.S.C. 1396b(a)(3)(A)(i)) so the system can 

19 meet the requirement of such section 1902(a)(82). 

20 (b) AUTHORIZATION OF CASE MANAGEMENT SERV21 ICES.—The first sentence of section 1915(g)(1) of the So22 cial Security Act (42 U.S.C. 1396n(g)(1)) is amended by 

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

24 for the purpose of providing no more than three case man25 agement services, without regard to the subdivision (A) 


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1 following section 1905(a)(29), in order to engage in plan2 ning for services following release from a public institu3 tion’’. 

Æ 


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