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. CART-
WRIGHT, 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 fol-
lowing 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 consider-
ation 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 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’’. 
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SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) There are an estimated 350,000 mentally ill 
individuals in State and Federal prisons. 
(2) According to the Bureau of Justice Statis-
tics, nearly 15 percent of men and 31 percent of 
women in jails have serious mental illnesses, with fe-
male inmates having higher rates of mental health 
problems than male inmates—State prisons: 73 per-
cent of females and 55 percent of males; local jails: 
75 percent of females and 63 percent of males. 
(3) According to surveys completed by the Bu-
reau of Justice Statistics, 16.3 percent of jail in-
mates reported they had a ‘‘mental health condition’’ 
or an overnight stay in a ‘‘mental hospital’’ in their 
lifetime, and 60.5 percent of local jail inmates re-
ported they had symptoms of a mental illness. 
(4) Access to Federal disability and health care 
benefits is a critical component of the successful re- 
entry into the community of indigent individuals 
with disabilities who are released from jail, prison, 
juvenile detention, or other correctional facilities. 
(5) As a matter of public safety, individuals 
with disabilities released from correctional facilities 
must be reinstated in the Federal benefit programs 
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that are designed to provide the health services and 
financial supports on which they rely. 
(6) Individuals with disabilities who live in ex-
treme poverty and who are too disabled to work 
after release from correctional facilities require Gov-
ernment supports such as Social Security Disability 
Insurance (SSDI), Supplemental Security Income 
(SSI), or Medicaid to maintain health and to safely 
transition from correctional facilities into the com-
munity. 
(7) It is the policy of the United States to pro-
vide individuals with disabilities assistance in leading 
healthy and productive lives. 
(8) On average, mentally ill inmates serve 103.4 
months in State prison until their release, as com-
pared to 88.2 months for other inmates. Yet, their 
SSI benefits terminate after 12 consecutive months 
of their incarceration. On average, it takes 93 days 
to reinstate those benefits. 
(9) Health care benefits are especially impor-
tant to low-income individuals with disabilities who 
often cannot afford private market insurance and 
who are at great risk of incurring exorbitant costs 
for health care. SSI beneficiaries who lose benefits 
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because of incarceration may also lose Medicaid cov-
erage. 
(10) Without prompt access to Federal dis-
ability benefits on their release, individuals with psy-
chiatric disabilities who come into contact with the 
criminal justice system often become trapped in 
many cycles of arrest, release, destitution, deteriora-
tion, and re-arrest. 
(11) Rates for mentally ill offenders are very 
high. A Bureau of Justice Statistics report found 
that over 3⁄4 of mentally ill inmates had been sen-
tenced to time in prison or jail or were on probation 
at least once before their current sentence. 
(A) Three-quarters of those returning from 
prison have a history of substance use dis-
orders. Over 70 percent of prisoners with seri-
ous mental illnesses also have a substance use 
disorder. 
(B) Among repeat offenders, an estimated 
47 percent of State prisoners who had a mental 
health problem were violent recidivists, com-
pared to 39 percent of State prisoners without 
a mental problem. 
(12) Among the mentally ill, 52 percent of 
State prison inmates, 54 percent of jail inmates, and 
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49 percent of Federal prison inmates reported 3 or 
more prior sentences of probation or incarceration. 
(13) Nearly 1⁄4 of both State prisoners and jail 
inmates who had a mental health problem, compared 
to 1⁄5 of those without, had been incarcerated on 3 
or more prior occasions. 
(14) Although discharge-planning practices vary 
considerably, inmates are typically released with no 
more than a 2-week supply of even crucial medica-
tions such as insulin and with no primary care fol-
low-up, so the burden of care falls predominantly on 
emergency rooms and is financed primarily by the 
public. 
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 
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‘‘(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). 
‘‘(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 
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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. 
‘‘(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-
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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-
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 
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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 
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-
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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-
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: 
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‘‘(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-
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)— 
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(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 
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 
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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: 
‘‘(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 (80); 
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(B) by striking the period at the end of 
paragraph (81) and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (81) the 
following new paragraph: 
‘‘(82) provide that in the case of any individual 
enrolled for medical assistance under the State plan 
immediately before becoming an inmate of a public 
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-
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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)(82), 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 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 
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described in paragraph (82) 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 
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)(82) 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)(82). 
(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) 
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