An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Commentary on Article IV
IV. A. State Policy
This article mandates that individuals whose benefits have been terminated
or who were never on benefits will receive assistance, as needed, in
applying for benefits prior to release. The Council of State Governments
Consensus Project urges states to “establish a process through
which the state Medicaid agency will accept applications from inmates
while they are still in custody and will process these applications
in a timely manner to ensure that those found potentially eligible
are then able obtain access to the benefits immediately upon release.”1
IV. B. Medicaid Application Procedures
Medicaid application-processing systems, which differ from state to state,
will need to be changed so that they can expeditiously receive and
consider applications from inmates who are preparing for release.
Examples:
- In Colorado, legislation effective January 1, 2003 provides
that inmates who were eligible for Colorado’s Medicaid program
at the time they were incarcerated or who are reasonably expected
to meet eligibility
criteria must be given assistance in applying for Medicaid at least
90 days prior to release.2 The Department of Health Services must
promulgate
rules to simplify the application process and help correctional facilities
implement the law, including by providing training on Medicaid eligibility.
If a person is found to be eligible, the county department of social
services must enroll the inmate upon release and at the time of release
must give the inmate information about how to access medical assistance.3
- New York State-Access to Medicaid: A program in the Albany jail,
the state’s fifth largest, has improved discharge planning for individuals
with psychiatric disabilities. County social services staff assist individuals
with applications for Medicaid benefits, which are filed 45 days prior
to the anticipated date of release. Applications are registered and logged
and held for activation upon the individual’s release. When released,
the inmate goes to the social services office to verify information.
The social services office not only processes the Medicaid application
but also assists the released individual in other ways, including help
with searching for a job and accessing food stamps, general assistance
and other programs.4
- New York City: Pursuant to a consent decree approved
by the court on April 2, 2003, New York City will provide assistance
to inmates with
mental illnesses in securing entitlements and obtaining treatment
and other services when they are released from jails. Medicaid benefits
are
to be reactivated for any class member who had active Medicaid benefits
in the 12 months prior to his or her known or projected release date.
Those whose Medicaid benefits are to be reactivated upon release
must have a permanent or temporary (as appropriate) Medicaid card at
the time
of release or mailed to an address he or she provides. Each individual
who appears eligible for Medicaid but whose Medicaid benefits have
not been activated or reactivated as of release will be enrolled in
the state’s
Medication Grant Program or otherwise given means to pay for any
psychotropic medications.5
IV. C. Applying for Federal Disability Benefits
An inmate can begin receiving benefits in the first calendar month after
the month during which he or she is released from incarceration. SSA
will accept applications for SSI, SSDI and Food Stamps prior to an
individual’s release. See Commentary
to Article V.B. regarding
SSA Pre-Release Agreements.
Notes
1. Council of State Governments, Criminal Justice/Mental
Health Consensus Project (June 2002), New York: Council of State Governments,
at p. 169.
The report may be found at www.consensusproject.org.
2.
House Bill 02-1295, General Assembly of Colorado, amending Colorado Unified
Code of Corredtions, 1730 ILCS 5/3-17. The bill applies to inmates
of correctional facilities and community correctional programs. It provides
protections for inmates whose SSI or SSDI cash benefits have been suspended
and inmates who are reasonably expected to meet SSI/SSDI eligibility
criteria upon release.
3. Id.
4. Bazelon Center for Mental
Health Law, A Better Life—A Safer
Community: Helping Inmates Access Federal Benefits (March 2003) at
12-13
5. The city signed the agreement to settle a class-action lawsuit
brought on behalf of New York City jail inmates with mental illness,
who were
typically released from jail in the middle of the night with no more
than $1.50 and two subway tokens. In an earlier ruling in the case, the
court had ordered the city to provide “adequate discharge planning.” The
court noted that without such planning, inmates risk “a return
to the cycle of likely harm to themselves or and/or others” and
re-arrest. Brad H. v. City of New York, 185 Misc.2d 420, 431 (N.Y. Sup.
Ct. 2000), aff’d, 276 A.D.2d 440 (N.Y. Appl Div. 2000).
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