An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Article II: Definitions
1. “Case management” means
[see state law and policy]
2. “Correctional agency” means
an agency of state or local government responsible for overseeing the
operation of one or more correctional
institutions, including juvenile justice facilities.
3. “Correctional
institution” means a jail, prison, juvenile
corrections facility, juvenile detention facility or other detention
facility operated by a state or local correctional agency that qualifies
as a public institution under 42 Code of Federal Regulations (C.F.R.) § 435.1009.
4. “Enrolled in the SSI program” means (a) currently eligible,
as determined by the Social Security Administration pursuant to SSI program
rules and (b) on eligibility rolls, even if cash benefits are currently
suspended.
5. “Enrolled in the SSDI program” means (a) currently
eligible, as determined by the Social Security Administration pursuant
to SSDI
program rules and (b) on eligibility rolls, even if cash benefits are
currently suspended.
6. “Federal benefit programs” refers
to Medicaid, Supplemental Security Income (SSI) and Social Security Disability
Insurance (SSDI).
7. “Incarcerated” means confined in a correctional
institution.
8. “Individuals with psychiatric disabilities” includes
(a) adults with serious mental illnesses, as defined in [state law or
policy],
and (b) juveniles with emotional/behavioral disturbances or emotional
disorders, as defined in [state law or policy].
9. “Inmates” refers
to incarcerated individuals with psychiatric disabilities.
10. “Likely
to be eligible” individuals means individuals
with psychiatric disabilities (a) whose enrollment in the Medicaid, SSI
or SSDI program was terminated during their incarceration; (b) who were
enrolled in the Medicaid, SSI or SSDI program at any time during the
five years prior to their incarceration; or (c) who were not previously
enrolled, but who are likely to meet eligibility criteria for the Medicaid,
SSI, or SSDI programs upon their release from incarceration.
11. “Medicaid
eligibility category” refers to all existing
eligibility categories established in the state Medicaid plan
12. “Medicaid
eligibility through SSI” means that an individual
is eligible to participate in the Medicaid program by virtue of enrollment
in the SSI program.
13. “Mental health services” means [see
state law and policy]. It includes substance abuse services.
14. “Parent” means
a parent, guardian or individual acting in the role of parent (e.g.,
grandparent raising a child).
15. “Pre-Release Agreement” means
a formal agreement with the Social Security Administration (SSA) under
which a correctional agency
and SSA will work collaboratively to ensure that applications for SSI
and SSDI by inmates are speedily handled by SSA.
16. “SSI” means
the Supplemental Security Income program, a federal income support program
for people with disabilities and low
incomes, provided under Title XVI of the Social Security Act.
17. “SSDI” means
the Social Security Disability Income program, a federal income support
program, provided under Title II of the Social
Security Act, for individuals with disabilities who have worked and paid
Social Security taxes.
18. “Suspend” Medicaid coverage means
to place an individual’s
Medicaid eligibility in an inactive status such that (a) the individual
remains eligible for Medicaid and continues on the state rolls but (b)
Medicaid benefits are not payable for services furnished (e.g., during
incarceration).
19. “Suspend” SSI or SSDI eligibility means
to stop cash payments due to incarceration.
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