The Bazelon Center for Mental Health Law


 

 

An Act to Reduce Recidivism by Improving Access to Benefits for Individuals with Psychiatric Disabilities upon Release from Incarceration

Article VI: Bridge Programs

A. State Policy
It shall be the policy of [State] to offer individuals with psychiatric disabilities temporary Medicaid eligibility and temporary income support when released from incarceration while their applications for federal benefits are pending.
[Medicaid agency] will administer the temporary Medicaid eligibility program, and [state agency] will administer the temporary income support program.

B. Temporary Medicaid Card

1. An individual with psychiatric disabilities shall be qualified to receive a temporary Medicaid card upon release from incarceration if:

a. the individual is not receiving Medicaid-funded services;

b. the individual is likely to be eligible for Medicaid; and

c. an application for SSI or Medicaid was filed on his or her behalf while the individual was incarcerated or within three (3) months after the individual’s release.

2. An individual with a psychiatric disability may apply for a temporary Medicaid card while incarcerated or within three (3) months after release. Application may be made by submission to the [Medicaid agency] of an application for Medicaid, a copy of an application for SSI submitted on the individual’s behalf or other documentation deemed suitable by the [Medicaid agency].

3. Within fourteen (14) days of submission of the application, the [Medicaid agency] will determine whether the individual is qualified to receive a temporary Medicaid card and, if so, will immediately issue a temporary Medicaid card to the individual. If the individual is incarcerated, the card will entitle the individual to receive benefits under the temporary Medicaid program effective upon his or her release. If the individual has already been released, the card will be effective immediately.

4. If found qualified for a temporary Medicaid card, the individual is entitled to receive covered Medicaid services from certified Medicaid providers for a period of six (6) months. For individuals found qualified while incarcerated, the six (6) months begins upon release. For individuals found qualified after release, the six (6) months begins on the date of that determination. The six (6) month term may be renewed at the option of the [Medicaid agency].

5. A temporary Medicaid card shall be void if, prior to the end of a six (6) month term, it is determined that:

a. the individual is not eligible for the SSI program, and

b. the individual is not eligible for Medicaid under any other Medicaid eligibility category.

6. To the extent permitted by federal law, the state may claim reimbursement under the Medicaid program for payments made for care provided to an individual to whom a temporary Medicaid card has been issued. The state may not recoup any costs from the individual, including if the individual is found ineligible for Medicaid.

C. Temporary Income Support

1. An individual with a psychiatric disability shall be qualified for temporary income support upon release from incarceration if:

a. the individual is not receiving SSI or SSDI;

b. the individual is likely to be eligible for SSI or SSDI, and

c. an application for SSI or SSDI was filed on his or her behalf while the individual was incarcerated or within three (3) months after the individual’s release.

2. An individual with a psychiatric disability may apply for temporary income support while incarcerated or within three (3) months after release. Application may be made by submitting to the [responsible agency] a copy of an application for SSI or SSDI benefits, or other documentation deemed suitable by the [responsible agency]. Within fourteen (14) days of submission of the application, the [responsible agency] will determine whether the individual is qualified to receive temporary income support.

3. Temporary income support shall be paid monthly in an amount equal to the [basic SSI payment in the state]. Payments will be made for a period of six (6) months. For individuals found qualified while incarcerated, the six (6) months begins upon release. For individuals found qualified after release, the six (6) months begins on the date of that determination. The six (6) month term may be renewed at the option of the [responsible agency]. Payments may be terminated before the end of a six (6) month term if the Social Security Administration makes a final determination that the individual is not eligible to receive the federal benefits for which the individual applied.

4. To the extent permitted by federal law, the state may recoup the temporary income support from SSI or SSDI back benefits issued by the Social Security Administration. The state may not otherwise recoup any payments of temporary income support from the individual, including if the individual is found ineligible for SSI or SSDI.

Next: Article VII, Photo Identification

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org