I 

111TH CONGRESS 

1ST SESSION H. R. 2829 

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 11, 2009 

Mr. CARSON of Indiana (for himself, Mr. KENNEDY, Mr. STARK, Mr. DAVIS

of Illinois, Ms. NORTON, Mr. RUSH, Mr. GUTIERREZ, Ms. JACKSON-LEE

of Texas, Mr. LEWIS of Georgia, Mr. AL GREEN of Texas, Ms. LEE of 

California, Ms. FUDGE, Ms. EDWARDS of Maryland, and Mr. MEEKS of 

New York) 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 300,000 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. 

8 (3) According to surveys completed by the Bu9 reau of Justice Statistics, 16.3 percent of jail in10 mates self-reported a ‘‘mental health condition’’ or 

11 an overnight stay in a ‘‘mental hospital’’ in their 

12 lifetime and 60.5 percent of local jail inmates self13 reported they had symptoms of a mental illness. 

14 (4) Access to Federal disability and health care 

15 benefits is a critical component of the successful re16 entry into the community of indigent individuals 

17 with disabilities who are released from jail, prison, 

18 juvenile detention, or other correctional facilities. 

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

20 with disabilities released from correctional facilities 

21 must be reinstated in the Federal benefit programs 

22 that are designed to provide the health services and 

23 financial supports on which they rely. 

24 (6) Individuals with disabilities who live in ex25 treme poverty and who are too disabled to work 

26 after release from correctional facilities require govVerDate Nov 24 2008 00:06 Jun 13, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2829.IH H2829

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1 ernment supports such as Social Security Disability 

2 Insurance (SSDI), Supplemental Security Income 

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

4 transition from correctional facilities into the com5 munity. 

6 (7) It is the policy of the United States to pro7 vide individuals with disabilities assistance in leading 

8 healthy and productive lives. 

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

10 months in State prison until their release, as com11 pared to 88.2 months for other inmates. Yet, their 

12 SSI benefits terminate after 12 consecutive months 

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

14 to reinstate those benefits. 

15 (9) Health care benefits are especially impor16 tant to low-income individuals with disabilities who 

17 often cannot afford private market insurance and 

18 who are at great risk of incurring exorbitant costs 

19 for health care. SSI beneficiaries who lose benefits 

20 because of incarceration may also lose Medicaid cov21 erage. 

22 (10) Without prompt access to Federal dis23 ability benefits on their release, individuals with psy24 chiatric disabilities who come into contact with the 

25 criminal justice system often become trapped in 


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1 many cycles of arrest, release, destitution, deteriora2 tion, and re-arrest. 

3 (11) Recidivism rates for mentally ill offenders 

4 are very high. A Bureau of Justice Statistics report 

found that over 3 5 ⁄4 of mentally ill inmates had been 

6 sentenced to time in prison or jail or were on proba7 tion at least once before their current sentence. 

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

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

10 49 percent of Federal prison inmates reported 3 or 

11 more prior sentences to probation or incarceration. 

12 SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS. 

13 (a) REINSTATEMENT OR RESUMPTION OF BENEFITS

14 ON RELEASE OF INMATE FROM INCARCERATION.—Sec15 tion 1631 of the Social Security Act (42 U.S.C. 1383) is 

16 amended by adding at the end the following: 

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

18 shall be reinstated in any case where the Commissioner 

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

20 filed a request for reinstatement meeting the requirements 

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

22 clause (iii). Reinstatement of eligibility shall be in accord23 ance with the terms of this paragraph. 

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


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

2 files a request for reinstatement— 

3 ‘‘(aa) the individual was eligible for bene4 fits under this title on the basis of disability; 

5 and 

6 ‘‘(bb) the individual thereafter was ineli7 gible for such benefits because the individual 

8 was an inmate of a jail, prison, penal institu9 tion, or correctional facility for a period of 12 

10 or more consecutive months; 

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

12 individual’s blindness or disability renders the indi13 vidual unable to perform substantial gainful activity; 

14 and 

15 ‘‘(III) the individual meets the nonmedical re16 quirements for eligibility for benefits under this title. 

17 ‘‘(iii)(I) Except as provided in subclause (II), the pe18 riod prescribed in this clause with respect to an individual 

19 is 36 consecutive months beginning with the month fol20 lowing the most recent month for which the individual was 

21 ineligible for benefits under this title before the period of 

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

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

24 a reinstatement request within the period described in sub25 clause (I), the Commissioner may extend the period if the 


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1 Commissioner determines that the individual had good 

2 cause for the failure to so file. 

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

4 on such form, and contain such information, as the Com5 missioner may prescribe. 

6 ‘‘(II) A request for reinstatement shall include ex7 press declarations by the individual stating that the indi8 vidual meets the requirements specified in subclauses (II) 

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

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

11 express declaration by a health care professional that the 

12 individual is blind or disabled. 

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

14 with this paragraph may constitute an application for ben15 efits in the case of any individual who the Commissioner 

16 determines is not eligible for reinstated benefits under this 

17 paragraph. 

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

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

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

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

22 paragraph shall commence with the benefit payable for the 

23 month in which— 

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


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

2 is discharged or released from a jail, prison, deten3 tion center, or correctional facility, the individual is 

4 so discharged or released. 

5 ‘‘(ii)(I) Subject to subclause (II), the amount of ben6 efit payable for any month pursuant to the reinstatement 

7 of eligibility under this paragraph shall be determined in 

8 accordance with the provisions of this title. 

9 ‘‘(II) The benefit under this title payable for any 

10 month pursuant to a request for reinstatement filed in ac11 cordance with subparagraph (B) shall be reduced by the 

12 amount of any provisional benefit paid to the individual 

13 for the month under subparagraph (G). 

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

15 under this title is reinstated under this paragraph, eligi16 bility for the benefits shall be reinstated with respect to 

17 the individual’s spouse if the spouse was previously an eli18 gible spouse of the individual under this title and the Com19 missioner determines that the spouse satisfies all the re20 quirements for eligibility for the benefits except require21 ments related to the filing of an application. The provi22 sions of subparagraph (D) shall apply to the reinstated 

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

24 to the reinstated eligibility of the individual. 


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1 ‘‘(F) An individual to whom benefits are payable 

2 under this title pursuant to a reinstatement of eligibility 

3 under this paragraph for 12 months shall, with respect 

4 to benefits so payable after such 12th month, be deemed 

5 for purposes of subparagraph (A)(ii)(II)(aa) to be eligible 

6 for such benefits on the basis of an application filed there7 for. 

8 ‘‘(G)(i) An individual described in subparagraph 

9 (A)(ii) who files a request for reinstatement in accordance 

10 with the provisions of subparagraph (B)(i) shall be eligible 

11 for provisional benefits payable in accordance with this 

12 subparagraph, unless the Commissioner determines that 

13 the individual does not meet the requirements of subpara14 graph (A)(ii)(I) or that the individual’s declaration under 

15 subparagraph (B)(i)(II) is false. Any such determination 

16 by the Commissioner shall be final and not subject to re17 view under paragraph (1) or (3) of subsection (c). 

18 ‘‘(ii) The amount of the provisional benefit shall equal 

19 the amount of the benefit that was payable to the indi20 vidual under this title for the month before the most re21 cent period of ineligibility described in subparagraph 

22 (A)(ii)(I)(aa). 

23 ‘‘(iii) Provisional benefits shall end when the Com24 missioner makes a determination regarding the individ25 ual’s eligibility for reinstated benefits. 


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1 ‘‘(iv) In any case in which the Commissioner deter2 mines that an individual is not eligible for reinstated bene3 fits, any provisional benefits paid to the individual under 

4 this subparagraph shall not be considered a liability or 

5 subject to recovery as an overpayment, unless the Com6 missioner determines that the individual knew that the in7 dividual did not meet the requirements of subparagraph 

8 (A)(ii). 

9 ‘‘(2) In the case of an individual whose benefits under 

10 this title are suspended because the individual is an in11 mate of a jail, prison, penal institution, or correctional fa12 cility, payment of such benefits shall resume on the date 

13 the individual is released from the jail, prison, penal insti14 tution, or correctional facility. 

15 ‘‘(3) For purposes of this subsection, the term ‘bene16 fits under this title’ includes State supplementary pay17 ments made pursuant to an agreement under section 

18 1616(a) of this Act or section 212(b) of Public Law 93– 

19 66.’’. 

20 (b) COOPERATION OF PENAL INSTITUTIONS IN PRO21 VIDING NOTICE OF PENDING RELEASE OF INMATE AND

22 IN ASSISTING SOON TO BE RELEASED INMATES IN HAV23 ING BENEFITS RESUMED.— 

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

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


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

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

3 (B) in subclause (II)— 

4 (i) by inserting ‘‘(other than sched5 uled release information)’’ before ‘‘to the 

6 Commissioner’’; 

7 (ii) by inserting ‘‘(other than sched8 uled release information)’’ before ‘‘after 30 

9 days’’; and 

10 (iii) by inserting ‘‘except that the 

11 Commissioner shall not make a payment 

12 under this subclause to an institution if 

13 the institution does not furnish scheduled 

14 release information at least 30 days before 

15 the scheduled release or does not have in 

16 place personnel and procedures to inform 

17 and assist inmates scheduled to be released 

18 in applying to have their benefits under 

19 this title resumed’’ before the period. 

20 (2) EFFECTIVE DATE.—The amendments made 

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

22 date of the enactment of this Act. 

23 (3) NOTICE OF REQUIREMENT TO FURNISH IN24 FORMATION ABOUT SCHEDULED RELEASE OF IN25 MATES.—The Commissioner of Social Security shall 


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1 notify each institution with which the Commissioner 

2 has entered into an agreement under section 

3 1611(e)(1)(I)(i) of the Social Security Act of the 

4 payment restriction added by paragraph (1) of this 

5 subsection. 

6 (c) NOTICE AND TRAINING RELATED TO PRE-RE7 LEASE AGREEMENTS.—Section 1611(e)(1)(I) of such Act 

8 (42 U.S.C. 1382(e)(1)(I)) is amended by adding at the 

9 end the following: 

10 ‘‘(v) The Commissioner shall biennially notify each 

11 State or local institution comprising a jail, prison, penal 

12 institution, or correctional facility, and any other State or 

13 local institution a purpose of which is to confine individ14 uals as described in section 202(x)(1)(A)(ii) of the avail15 ability of the agreements provided for in this subpara16 graph. 

17 ‘‘(vi) The Commissioner shall, from time to time, 

18 offer institutions described in clause (v) training in enter19 ing into the agreements provided for in this subparagraph. 

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

21 year, the Commissioner shall submit to the Congress a 

22 written report on the activities conducted pursuant to this 

23 subparagraph during the fiscal year.’’. 

24 (d) EFFECTIVE DATE.—Except as provided in sub25 section (b)(2), the amendments made by this section shall 


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

2 shall apply to benefits payable for months beginning after 

3 such date. 

4 SEC. 4. SOCIAL SECURITY BENEFITS. 

5 (a) PRE-RELEASE PROCEDURES FOR DISABLED

6 PRISONERS AND OTHER INDIVIDUALS.— 

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

8 Security Act (42 U.S.C. 402(x)) is amended by add9 ing at the end the following new paragraph: 

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

11 which an individual whose disability insurance benefits 

12 under section 223 or other benefits under this section 

13 based on disability have been suspended under this sub14 section by reason of confinement in an institution com15 prising a jail, prison, penal institution, or correctional fa16 cility, or comprising any other institution a purpose of 

17 which is to confine individuals as described in paragraph 

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

19 to cessation of such confinement.’’. 

20 (2) EFFECTIVE DATE.—The Commissioner of 

21 Social Security shall implement the system described 

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

23 added by this subsection) not later than 180 days 

24 after the date of the enactment of this Act. 


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1 (b) COOPERATION OF PENAL INSTITUTIONS IN PRO2 VIDING NOTICE OF PENDING RELEASE OF INMATE AND

3 IN ASSISTING SOON TO BE RELEASED INMATES IN HAV4 ING BENEFITS RESUMED.— 

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

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

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

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

9 (B) in subclause (II)— 

10 (i) by inserting ‘‘(other than sched11 uled release information)’’ before ‘‘to the 

12 Commissioner’’; 

13 (ii) by inserting ‘‘(other than sched14 uled release information)’’ before ‘‘after 30 

15 days’’; and 

16 (iii) by inserting ‘‘except that the 

17 Commissioner shall not make a payment 

18 under this subclause to an institution if 

19 the institution does not furnish scheduled 

20 release information at least 30 days before 

21 the scheduled release or does not have in 

22 place personnel and procedures to inform 

23 and assist inmates scheduled to be released 

24 in applying to have their benefits under 

25 this title resumed’’ before the period. 


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1 (2) EFFECTIVE DATE.—The amendments made 

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

3 date of the enactment of this Act. 

4 (3) NOTICE OF REQUIREMENT TO FURNISH IN5 FORMATION ABOUT SCHEDULED RELEASE OF IN6 MATES.—The Commissioner of Social Security shall 

7 notify each institution with which the Commissioner 

8 has entered into an agreement under section 

9 202(x)(3)(B)(i) of the Social Security Act of the 

10 payment restriction added by paragraph (1) of this 

11 subsection. 

12 (c) NOTICE AND TRAINING RELATED TO PRE-RE13 LEASE AGREEMENTS.—Section 202(x)(3)(B) of such Act 

14 (42 U.S.C. 402(x)(3)(B)) is amended by adding at the end 

15 the following: 

16 ‘‘(v) The Commissioner shall biennially notify each 

17 State or local institution comprising a jail, prison, penal 

18 institution, or correctional facility, and any other State or 

19 local institution a purpose of which is to confine individ20 uals as described in paragraph (1)(A)(ii) of the availability 

21 of the agreements provided for in this subparagraph. 

22 ‘‘(vi) The Commissioner shall, from time to time, 

23 offer institutions described in clause (v) training in enter24 ing into the agreements provided for in this subparagraph. 


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

2 year, the Commissioner shall submit to the Congress a 

3 written report on the activities conducted pursuant to this 

4 subparagraph during the fiscal year.’’. 

5 SEC. 5. MEDICAID BENEFITS. 

6 (a) REINSTATEMENT OF MEDICAID ENROLLMENT.— 

7 (1) IN GENERAL.—Section 1902(a) of the So8 cial Security Act (42 U.S.C. l396b(a)) is amended— 

9 (A) by striking ‘‘and’’ at the end of para10 graph (72); 

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

12 paragraph (73) and inserting ‘‘; and’’; and 

13 (C) by inserting after paragraph (73) the 

14 following new paragraph: 

15 ‘‘(74) provide that in the case of any individual 

16 enrolled for medical assistance under the State plan 

17 immediately before becoming an inmate of a public 

18 institution— 

19 ‘‘(A) the enrollment of such individual 

20 shall be reinstated upon release from such insti21 tution unless and until there is a determination 

22 that the individual is no longer eligible to be so 

23 enrolled; and 

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

25 effect on the date the individual became such 


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1 an inmate shall be reinstated as of the date of 

2 the release and the duration of such period 

3 shall be determined without regard to the pe4 riod in which the individual was such an in5 mate;’’. 

6 (2) INCREASED FUNDING FOR STATE IMPLE7 MENTATION OF REINSTATEMENT SYSTEM.—Section 

8 1903 of the Social Security Act (42 U.S.C. 1396b) 

9 is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(aa) INITIAL INCREASE IN FEDERAL MATCHING

12 RATE FOR STATE IMPLEMENTING REINSTATEMENT SYS13 TEM.—For the first 4 calendar quarters beginning after 

14 the date a State modifies its computer system described 

15 in subsection (a)(3)(A)(i) so that it can easily provide for 

16 the reinstatement of medical assistance required under 

17 section 1902(a)(74), such subsection shall be applied as 

18 if the reference to ‘90 percent’ were a reference to ‘95 

19 percent’.’’. 

20 (3) CLARIFICATION OF TREATMENT OF CER21 TAIN ADMINISTRATIVE EXPENSES.—Nothing in sec22 tion 1905(a) of the Social Security Act (42 U.S.C. 

23 1396d(a)) shall be construed as prohibiting or pre24 venting the provision of Federal financial participa25 tion under section 1903(a) of such Act (42 U.S.C. 


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1 1396b(a)) to States for reasonable administrative 

2 costs of determining eligibility status of individuals 

3 described in section 1902(a)(74) of such Act, as in4 serted by paragraph (1). 

5 (4) EFFECTIVE DATE.—The amendments made 

6 by paragraph (1) shall apply to individuals who are 

7 released from being an inmate of a public institution 

8 on or after the first day of the first calendar quarter 

9 beginning more than 90 days after the date of the 

10 enactment of this Act. 

11 (b) AUTHORIZATION OF CASE MANAGEMENT SERV12 ICES.—The first sentence of section 19l5(g)(1) of the So13 cial Security Act (42 U.S.C. 1396n(g)(1)) is amended by 

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

15 for the purpose of providing no more than three case man16 agement services, without regard to the subdivision (A) 

17 following section 1905(a)(28), in order to engage in plan18 ning for services following release from a public institu19 tion’’. 

Æ 


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