HOUSE BILL 233
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Mimi Stewart
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO HEALTH; REQUIRING CERTAIN GOVERNMENTAL ENTITIES TO ASSIST INCARCERATED PERSONS WITH MENTAL DISORDERS TO APPLY FOR AND RECEIVE PUBLIC BENEFITS; REQUIRING CERTAIN GOVERNMENTAL ENTITIES TO NEGOTIATE A PRERELEASE AGREEMENT WITH THE FEDERAL SOCIAL SECURITY ADMINISTRATION; PROVIDING FOR PHOTO IDENTIFICATION FOR CERTAIN PERSONS UPON RELEASE FROM INCARCERATION; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Prerelease Benefits Assistance Act".
Section 2. DEFINITIONS.--As used in the Prerelease Benefits Assistance Act:
A. "incarcerated" or "incarceration" means to be confined or confinement in a public or private prison, juvenile detention facility or other detention or confinement facility;
B. "mental disorder" means a disorder of emotional processes, thought or cognition that grossly impairs judgment, behavior or capacity to recognize reality. "Mental disorder" includes developmental disabilities, which are chronic disabilities attributable to mental or physical impairments or a combination of mental or physical impairments that are manifested before a person reaches twenty-two years of age, that are expected to continue indefinitely, that reflect a person's need for a combination and sequence of individually planned and coordinated supports and services and that result in substantial functional limitations in three or more of the following areas of major life activities:
(1) self-care;
(2) receptive and expressive language;
(3) learning;
(4) mobility;
(5) self-direction; and
(6) capacity for independent living and economic self-sufficiency;
C. "prerelease agreement" means a formal agreement between a correctional facility and the federal social security administration that provides that the correctional facility and the federal social security administration work collaboratively to ensure that the applications of incarcerated persons with mental disorders for federal supplemental security income and federal social security disability income benefits are promptly processed by the federal social security administration;
D. "suspended", when referring to medicaid benefits or food stamp benefits, means to place a person's medicaid or food stamp benefits eligibility in an inactive status, rather than in a terminated status, such that while the benefits are suspended the person remains eligible for future receipt of medicaid and food stamps and continues on the state programs; provided that benefits are not payable for services furnished while the person is incarcerated; and
E. "terminated", when referring to the federal supplemental security income program or the federal social security disability income program, means to stop cash payments to a person upon incarceration.
Section 3. APPLICATIONS TO RESTORE BENEFITS--DISTRIBUTION OF AND ASSISTANCE WITH APPLICATIONS.--
A. The human services department, the corrections department, the children, youth and families department and prison and delinquency facility administrators shall ensure prompt restoration of benefits to an incarcerated person with a mental disorder whose eligibility for federal supplemental security income, federal social security disability income or medicaid benefits has been terminated during incarceration upon release. These agencies shall do everything within their control to ensure that federal supplemental security income or federal social security disability cash benefits are reinstated in the month of the person's release and that medicaid benefits are reinstated upon release. The agencies shall:
(1) identify incarcerated persons with mental disorders whose federal supplemental security income, federal social security disability income or medicaid benefits were terminated during incarceration and ask those persons if they wish to receive benefits upon their release;
(2) ensure that, if an incarcerated person with a mental disorder wishes to receive benefits upon release, the person is given an application for reinstatement of benefits and assistance in completing and filing the application to the extent practicable at least thirty days prior to the person's release and that the person is given a copy of the person's completed and filed application; and
(3) provide assistance to an incarcerated person with a mental disorder throughout the application process from competent staff familiar with the characteristics of successful applications. The assistance may be provided directly or arranged through contracts for services and shall include distribution of application forms, assistance with securing medical and other information required to support an application and assistance with completing and submitting application forms.
B. With the permission of the incarcerated person, a copy of the person's application shall be provided to a family member designated by the person and to any case manager or social worker who will be working with the person upon the person's release. Permission to distribute a copy of an application for a minor under the age of fourteen is not required.
Section 4. PRERELEASE AGREEMENT WITH THE FEDERAL SOCIAL SECURITY ADMINISTRATION.--
A. The corrections department, the children, youth and families department and prison and delinquency facility administrators shall, within ninety days of the effective date of the Prerelease Benefits Assistance Act, negotiate a prerelease agreement with the local office of the federal social security administration designed to ensure:
(1) prompt consideration by the federal social security administration of applications for federal supplemental security income or federal social security disability income benefits on behalf of incarcerated persons with mental disorders; and
(2) that the federal social security administration is informed of the expected and actual release dates of persons with mental disorders whose applications are pending or have been approved.
B. Once negotiated, the corrections department, the children, youth and families department and prison and delinquency facility administrators shall implement the provisions of the prerelease agreement as soon as practicable.
Section 5. APPLICATIONS FOR INCARCERATED PERSONS TERMINATED FROM OR NOT ENROLLED IN FEDERAL BENEFITS PROGRAMS-- PROCEDURES.--
A. The human services department, the corrections department and the children, youth and families department shall assist incarcerated persons with mental disorders whose eligibility for federal supplemental security income, federal social security disability income or medicaid benefits were terminated during incarceration or who were not receiving benefits at the time they were incarcerated to apply, while incarcerated, to receive benefits upon their release. The human services department shall:
(1) establish application procedures for benefits on behalf of incarcerated persons with mental disorders in anticipation of their release; and
(2) promptly review an application and complete that review as soon as possible prior to a person's release; provided that such a review shall be completed within thirty days from the date of receipt of the person's application.
B. The review as provided in Subsection A of this section shall assess whether the incarcerated person with a mental disorder is eligible to be enrolled in federal supplemental security income, federal social security disability income or medicaid benefits programs or is likely to be eligible for benefits upon release. If the human services department determines that the person is eligible to be enrolled while incarcerated, the person shall be enrolled. The person shall be provided the proper documentation to enable the person to receive benefits effective upon the person's release.
C. The agencies designated in Subsection A of this section shall provide assistance to incarcerated persons with mental disorders throughout the application process from competent staff familiar with the characteristics of successful applications. The assistance may be provided directly or arranged through contracts and shall include distribution of application forms, assistance with securing medical and other information required to support applications and assistance with completing and submitting application forms.
Section 6. PHOTO IDENTIFICATION.--The corrections department and the children, youth and families department shall arrange for incarcerated persons with mental disorders to be issued photo identification upon their release.
Section 7. AMENDMENT TO STATE MEDICAID PLAN.--If implementation of the provisions of the Prerelease Benefits Assistance Act requires an amendment to the state medicaid plan, the human services department shall apply for such an amendment within ninety days of the effective date of that act and shall take reasonable actions to obtain federal approval of the amendment.
Section 8. APPROPRIATION.--Two hundred twenty-five thousand dollars ($225,000) is appropriated from the general fund to the human services department for expenditure in fiscal year 2008 for the purpose of implementing the Prerelease Benefits Assistance Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
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