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 with-
in the jurisdiction of the committee concerned 
A BILL 
To ensure prompt access to Supplemental Security Income, 
Social Security disability, and Medicaid benefits for per-
sons released from certain public institutions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recidivism Reduction 
Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) According to the Bureau of Justice Statis-
tics, nearly 14 percent of State and Federal pris-
oners meet the threshold for serious psychological 
distress. The same peer-reviewed study finds 26 per-
cent of jail inmates report experiences that meet the 
threshold for serious psychological distress. 
(2) Whereas the occurrence of cases of serious 
psychological distress is high among the incarcerated 
population of the United States of America, the Bu-
reau of Justice Statistics simultaneously finds statis-
tically significant differences and disparities in the 
general population, which suffers from serious psy-
chological distress at a much lower rate—a non-com-
parable 5 percent of the general population suffers 
from serious psychological distress. 
(3) Data clearly demonstrates heavier rates of 
serious psychological distress among the female in-
carcerated population. Due to societal conditions, fe-
male inmates in American prisons and jails are at 
higher risks of serious psychological distress. The cy-
clical nature and recurring effects are detrimental to 
society’s sustainability. 
(4) Furthermore and more importantly, 25–26 
percent of the incarcerated population in the United 
States of America that meets the threshold for seri-
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(C) 14 percent of males in prisons meet 
the threshold for serious psychological distress. 
(D) 66 percent of female prisoners have 
been told by a mental health professional that 
they have a mental health disorder. 
(E) 35 percent of male prisoners have been 
told by a mental health professional that they 
have a mental health disorder. 
SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS. 
(a) REINSTATEMENT OR RESUMPTION OF BENEFITS 
ON RELEASE OF INMATE FROM INCARCERATION.—Sec-
tion 1631 of the Social Security Act (42 U.S.C. 1383) is 
amended by adding at the end the following: 
‘‘(q)(1)(A)(i) Eligibility for benefits under this title 
shall be reinstated in any case where the Commissioner 
determines that an individual described in clause (ii) has 
filed a request for reinstatement meeting the requirements 
of subparagraph (B)(i) during the period described in 
clause (iii). Reinstatement of eligibility shall be in accord-
ance with the terms of this paragraph. Notwithstanding 
the preceding provisions of this clause, eligibility for bene-
fits under this title of an individual who has become an 
inmate of a jail, prison, penal institution, or correctional 
facility shall be reinstated automatically upon discharge 
or release from the institution, without the need to reapply 
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for the benefits, if the period of sentence to the institution 
does not exceed 90 days. 
‘‘(ii) An individual is described in this clause if— 
‘‘(I) before the month in which the individual 
files a request for reinstatement— 
‘‘(aa) the individual was eligible for bene-
fits under this title on the basis of disability; 
and 
‘‘(bb) the individual thereafter was ineli-
gible for such benefits because the individual 
was an inmate of a jail, prison, penal institu-
tion, or correctional facility for a period of 12 
or more consecutive months; 
‘‘(II) the individual is blind or disabled, and the 
individual’s blindness or disability renders the indi-
vidual unable to perform substantial gainful activity; 
and 
‘‘(III) the individual meets the nonmedical re-
quirements for eligibility for benefits under this title. 
‘‘(iii)(I) Except as provided in subclause (II), the pe-
riod prescribed in this clause with respect to an individual 
is 36 consecutive months beginning with the month fol-
lowing the most recent month for which the individual was 
ineligible for benefits under this title before the period of 
ineligibility described in clause (ii)(I)(bb). 
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‘‘(II) In the case of an individual who fails to file 
a reinstatement request within the period described in sub-
clause (I), the Commissioner may extend the period if the 
Commissioner determines that the individual had good 
cause for the failure to so file. 
‘‘(B)(i)(I) A request for reinstatement shall be filed 
on such form, and contain such information, as the Com-
missioner may prescribe. 
‘‘(II) A request for reinstatement shall include ex-
press declarations by the individual stating that the indi-
vidual meets the requirements specified in subclauses (II) 
and (III) of subparagraph (A)(ii). 
‘‘(III) A request for reinstatement shall include an 
express declaration by a health care professional that the 
individual is blind or disabled. 
‘‘(ii) A request for reinstatement filed in accordance 
with this paragraph may constitute an application for ben-
efits in the case of any individual who the Commissioner 
determines is not eligible for reinstated benefits under this 
paragraph. 
‘‘(C) In determining whether an individual meets the 
requirement of subparagraph (A)(ii)(II), the provisions of 
section 1614(a)(4) shall apply. 
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‘‘(D)(i) Eligibility for benefits reinstated under this 
paragraph shall commence with the benefit payable for the 
month in which— 
‘‘(I) a request for reinstatement is filed; or 
‘‘(II) if the request is filed before the individual 
is discharged or released from a jail, prison, deten-
tion center, or correctional facility, the individual is 
so discharged or released. 
‘‘(ii) The amount of benefit payable for any month 
pursuant to the reinstatement of eligibility under this 
paragraph shall be determined in accordance with the pro-
visions of this title. 
‘‘(E) Whenever an individual’s eligibility for benefits 
under this title is reinstated under this paragraph, eligi-
bility for the benefits shall be reinstated with respect to 
the individual’s spouse if the spouse was previously an eli-
gible spouse of the individual under this title and the Com-
missioner determines that the spouse satisfies all the re-
quirements for eligibility for the benefits except require-
ments related to the filing of an application. The provi-
sions of subparagraph (D) shall apply to the reinstated 
eligibility of the spouse to the same extent that they apply 
to the reinstated eligibility of the individual. 
‘‘(2) For purposes of this subsection, the term ‘bene-
fits under this title’ includes State supplementary pay-
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ments made pursuant to an agreement under section 
1616(a) of this Act or section 212(b) of Public Law 93– 
66.’’. 
(b) COOPERATION OF PENAL INSTITUTIONS IN PRO-
VIDING NOTICE OF PENDING RELEASE OF INMATE AND 
IN ASSISTING SOON TO BE RELEASED INMATES IN HAV-
ING BENEFITS RESUMED.— 
(1) IN GENERAL.—Section 1611(e)(1)(I)(i) of 
such Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended— 
(A) in subclause (I), by inserting ‘‘and 
scheduled release’’ after ‘‘commencement’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘to the 
Commissioner’’; 
(ii) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘after 30 
days’’; and 
(iii) 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 30 days before 
the scheduled release or does not have in 
place personnel and procedures to inform 
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and assist inmates scheduled to be released 
in applying to have their benefits under 
this title resumed’’ before the period. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect 1 year after the 
date of the enactment of this Act. 
(3) NOTICE OF REQUIREMENT TO FURNISH IN-
FORMATION
ABOUT
SCHEDULED
RELEASE
OF
IN-
MATES.—The Commissioner of Social Security shall 
notify each institution with which the Commissioner 
has entered into an agreement under section 
1611(e)(1)(I)(i) of the Social Security Act of the 
payment restriction added by paragraph (1) of this 
subsection. 
(c) NOTICE AND TRAINING RELATED TO PRE-RE-
LEASE AGREEMENTS.—Section 1611(e)(1)(I) of such Act 
(42 U.S.C. 1382(e)(1)(I)) is amended by adding at the 
end the following: 
‘‘(vi) The Commissioner shall provide technical sup-
port and resources to each State or local institution com-
prising a jail, prison, penal institution, or correctional fa-
cility, and any other State or local institution a purpose 
of which is to confine individuals as described in section 
202(x)(1)(A)(ii) with respect to, and notify each such in-
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stitution of the availability of, the pre-release agreements 
provided for in this subparagraph. 
‘‘(vii) Within 6 months after the end of each fiscal 
year, the Commissioner shall submit to the Congress a 
written report on the activities conducted pursuant to this 
subparagraph during the fiscal year. 
‘‘(viii) The Commissioner shall develop model pre-re-
lease procedures which States may use to facilitate the 
goals of this subparagraph.’’. 
(d) EFFECTIVE DATE.—Except as provided in sub-
section (b)(2), the amendments made by this section shall 
take effect on the date of the enactment of this Act, and 
shall apply to benefits payable for months beginning after 
such date. 
SEC. 4. SOCIAL SECURITY BENEFITS. 
(a) PRE-RELEASE
PROCEDURES
FOR
DISABLED 
PRISONERS AND OTHER INDIVIDUALS.— 
(1) IN GENERAL.—Section 202(x) of the Social 
Security Act (42 U.S.C. 402(x)) is amended by add-
ing at the end the following: 
‘‘(4) The Commissioner shall develop a system under 
which an individual whose disability insurance benefits 
under section 223 or other benefits under this section 
based on disability have been suspended under this sub-
section by reason of confinement in an institution com-
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prising a jail, prison, penal institution, or correctional fa-
cility, or comprising any other institution a purpose of 
which is to confine individuals as described in paragraph 
(1)(A)(ii), can apply for resumption of such benefits prior 
to cessation of such confinement.’’. 
(2) EFFECTIVE DATE.—The Commissioner of 
Social Security shall implement the system described 
in section 202(x)(4) of the Social Security Act (as 
added by this subsection) not later than 180 days 
after the date of the enactment of this Act. 
(b) COOPERATION OF PENAL INSTITUTIONS IN PRO-
VIDING NOTICE OF PENDING RELEASE OF INMATE AND 
IN ASSISTING SOON TO BE RELEASED INMATES IN HAV-
ING BENEFITS RESUMED.— 
(1) IN
GENERAL.—Section 202(x)(3)(B)(i) of 
such Act (42 U.S.C. 402(x)(3)(B)(i)) is amended— 
(A) in subclause (I), by inserting ‘‘and 
scheduled release’’ after ‘‘commencement’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘to the 
Commissioner’’; 
(ii) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘after 30 
days’’; and 
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(iii) 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 30 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 period. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect 1 year after the 
date of the enactment of this Act. 
(3) NOTICE OF REQUIREMENT TO FURNISH IN-
FORMATION
ABOUT
SCHEDULED
RELEASE
OF
IN-
MATES.—The Commissioner of Social Security shall 
notify each institution with which the Commissioner 
has entered into an agreement under section 
202(x)(3)(B)(i) of the Social Security Act of the 
payment restriction added by paragraph (1) of this 
subsection. 
(c) NOTICE AND TRAINING RELATED TO PRE-RE-
LEASE AGREEMENTS.—Section 202(x)(3)(B) of such Act 
(42 U.S.C. 402(x)(3)(B)) is amended by adding at the end 
the following: 
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‘‘(v) The Commissioner shall provide technical sup-
port and resources to each State or local institution com-
prising a jail, prison, penal institution, or correctional fa-
cility, and any other State or local institution a purpose 
of which is to confine individuals as described in para-
graph (1)(A)(ii) with respect to, and notify each such in-
stitution of the availability of, the pre-release agreements 
provided for in this subparagraph. 
‘‘(vi) Within 6 months after the end of each fiscal 
year, the Commissioner shall submit to the Congress a 
written report on the activities conducted pursuant to this 
subparagraph during the fiscal year.’’. 
SEC. 5. MEDICAID BENEFITS. 
(a) REINSTATEMENT OF MEDICAID ENROLLMENT.— 
(1) IN GENERAL.—Section 1902(a) of the So-
cial Security Act (42 U.S.C. l396b(a)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (82); 
(B) by striking the period at the end of 
paragraph (83) and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (83) the 
following new paragraph: 
‘‘(84) provide that in the case of any individual 
enrolled for medical assistance under the State plan 
immediately before becoming an inmate of a public 
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institution, if the period of sentence to the institu-
tion does not exceed 90 days— 
‘‘(A) the enrollment of such individual 
shall be reinstated automatically upon release 
from the institution without the need to reapply 
for such assistance; and 
‘‘(B) 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 pe-
riod in which the individual was such an in-
mate.’’. 
(2) 5 PERCENTAGE POINT INCREASE IN FMAP 
DURING YEAR AFTER REINSTATEMENT AFTER IM-
PLEMENTATION OF REINSTATEMENT SYSTEM.—Sec-
tion 1905(b) of the Social Security Act (42 U.S.C. 
1396d(b)) is amended by adding at the end the fol-
lowing: ‘‘Notwithstanding the first sentence, for cal-
endar quarters beginning after the date a State 
modifies its computer system described in subsection 
(a)(3)(A)(i) so that it can easily provide for the rein-
statement of medical assistance required under sec-
tion 1902(a)(84), with respect to items and services 
furnished to an individual described in such section 
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who loses medical assistance by becoming an inmate 
of a public institution, the Federal medical assist-
ance percentage otherwise applied shall be increased 
by 5 percentage points (but in no case shall the Fed-
eral medical assistance percentage exceed 100 per-
cent) for medical assistance for items and services 
furnished during the 1-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 institution.’’. 
(3) CLARIFICATION
OF
TREATMENT
OF
CER-
TAIN ADMINISTRATIVE EXPENSES.—Nothing in sec-
tion 1905(a) of the Social Security Act (42 U.S.C. 
1396d(a)) shall be construed as prohibiting or pre-
venting the provision of Federal financial participa-
tion under section 1903(a) of such Act (42 U.S.C. 
1396b(a)) to States for reasonable administrative 
costs of determining eligibility status of individuals 
described in paragraph (84) of section 1902(a) of 
such Act (42 U.S.C. 1396b(a)), as inserted by para-
graph (1). 
(4) EFFECTIVE DATE.—The amendments made 
by paragraph (1) 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 
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institution on or after the first day of the first cal-
endar quarter beginning 180 days after the date of 
the enactment of this Act, 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 1902(a)(84) of the Social 
Security Act, as inserted by such amendments, until 
the State has had a reasonable opportunity (of not 
less than 180 days) to modify its computer system 
described in section 1903(a)(3)(A)(i) of such Act 
(42 U.S.C. 1396b(a)(3)(A)(i)) so the system can 
meet the requirement of such section 1902(a)(84). 
(b) AUTHORIZATION OF CASE MANAGEMENT SERV-
ICES.—The first sentence of section 1915(g)(1) of the So-
cial Security Act (42 U.S.C. 1396n(g)(1)) is amended by 
inserting before the period at the end the following: ‘‘and 
for the purpose of providing no more than three case man-
agement services, without regard to the subdivision (A) 
following section 1905(a)(29), in order to engage in plan-
ning for services following release from a public institu-
tion’’. 
Æ 
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