An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Article III: Suspension of Eligibility Upon Incarceration and
Restoration Upon Release
A. State Policy
It shall be the policy of [State] to facilitate, to the full
extent permitted by federal law:
1. the suspension rather than termination
of federal benefits when an individual
with psychiatric disabilities is incarcerated, and
2. speedy restoration
of benefits upon the individual’s release.
B. Medicaid
The [Medicaid agency] shall adopt regulations or policies ensuring that:
1.
When an individual with psychiatric disabilities enrolled in the Medicaid
program is incarcerated,
a. the individual’s eligibility for Medicaid will be suspended
rather than terminated, and will remain suspended rather than
terminated for as
long as is permitted by federal law; and
b. the individual shall not be terminated from the Medicaid program
unless [Medicaid agency] determines that the individual (i) no longer
meets the
Medicaid eligibility criteria under which they had qualified and (ii)
is not eligible
for Medicaid under any other Medicaid eligibility category.
2. When an
individual whose Medicaid eligibility is suspended is released from
incarceration, the individual’s Medicaid eligibility will be
fully restored on the day of release unless and until the [Medicaid
agency]
determines that
the individual is no longer eligible for Medicaid.
C. Federal Disability
Benefits
[Correctional agencies] shall seek to ensure the speedy restoration
of benefits of inmates with psychiatric disabilities whose eligibility
for
SSI or SSDI
has been suspended during incarceration. These agencies shall seek
to ensure that cash benefits under SSI and SSDI are reinstated in the
month
of release.
To this end, these agencies shall:
1. identify inmates with psychiatric
disabilities whose SSI or SSDI was suspended during incarceration,
and ask them if they wish to receive
benefits when
released, and
2. for those who wish to receive benefits, ensure that
(i) applications for reinstatement of SSI or SSDI upon release are
filed on their
behalf as soon
as possible following suspension, and (ii) all applicants for reinstatement
leave the correctional institution with a copy of the application.
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