An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Article IV: Applications for Inmates with Psychiatric Disabilities Terminated
from or Not Enrolled in Federal Benefit Programs
A. State Policy
It shall be the policy of [State] to assist inmates with psychiatric
disabilities whose eligibility for SSI, SSDI or Medicaid benefits was
terminated while incarcerated
or who were not receiving benefits at the time they were incarcerated to apply,
while incarcerated, to receive benefits upon release.
B. Medicaid
1. The [Medicaid agency] shall:
a. establish procedures for receiving
Medicaid applications on behalf of incarcerated individuals with psychiatric
disabilities in anticipation
of their release.
b. expeditiously review such applications and, to the
extent practicable, complete its review before the individual
is released. All reviews shall
be completed
within fourteen (14) days of the application’s receipt.
2. The review
process shall assess whether the individual is presently eligible to be enrolled
in the Medicaid program or is likely to be Medicaid eligible
upon release.
a. If the individual is eligible to be enrolled while incarcerated,
the individual will be enrolled but placed on suspended status. The
individual will be provided
a Medicaid card, entitling the individual to receive benefits effective
upon his or her release.
b. If the individual is not eligible to be enrolled
in Medicaid while incarcerated but is likely to be eligible for Medicaid
upon release, the individual
will be enrolled in the temporary Medicaid eligibility program described
in Article
VI. B., but on suspended status pending release. The individual will
be provided a Medicaid card, entitling the individual to receive benefits
under the temporary
Medicaid eligibility program effective upon his or her release.
3. To
facilitate enrollment in Medicaid, [correctional agencies] shall:
a.
identify inmates with psychiatric disabilities who are likely to be
eligible for Medicaid while incarcerated or upon release, and ask
them
if they wish
to receive benefits when released, and
b. for those who wish to receive
benefits, ensure that (i) applications for Medicaid are filed, to the
extent practicable, well in advance
of release and, if possible, at least ninety (90) days before release,
and
(ii) all
applicants
for these benefits leave the correctional institution with a copy
of the application.
C. Disability Benefits
[Correctional agencies] shall seek to ensure that inmates with
psychiatric disabilities begin to receive SSI and SSDI cash benefits
for which
they are eligible in the month following release. To this end,
these agencies
shall:
1. identify inmates with psychiatric disabilities who are
likely to be eligible for SSI or SSDI upon release and ask them if
they wish
to receive
benefits
when released, and
2. for those who wish to receive benefits,
ensure that applications are filed on their behalf prior to release
and, to the extent
practicable, at least
ninety (90) days before release, and that they leave jail or
prison with
a copy of
the application.
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