HOUSE BILL 85
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Mimi Stewart
FOR THE CORRECTIONS OVERSIGHT, COURTS AND JUSTICE COMMITTEE
AN ACT
RELATING TO HEALTH; REQUIRING CERTAIN GOVERNMENTAL ENTITIES TO ASSIST INCARCERATED PERSONS WITH MENTAL DISORDERS OR DEVELOPMENTAL DISABILITIES TO APPLY FOR AND RECEIVE PUBLIC BENEFITS; REQUIRING THE HUMAN SERVICES DEPARTMENT TO ADOPT RULES TO ENSURE THAT AN INCARCERATED PERSON'S FEDERAL SOCIAL SECURITY INCOME, FEDERAL SOCIAL SECURITY DISABILITY INCOME, MEDICAID OR FOOD STAMP BENEFITS STATUS BE SUSPENDED RATHER THAN TERMINATED UPON INCARCERATION; REQUIRING CERTAIN GOVERNMENTAL ENTITIES TO NEGOTIATE FOR A PRERELEASE AGREEMENT WITH THE FEDERAL SOCIAL SECURITY ADMINISTRATION; PROVIDING FOR PHOTO IDENTIFICATION FOR CERTAIN PERSONS UPON RELEASE FROM INCARCERATION.
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. PURPOSE OF ACT.--The purpose of the Prerelease Benefits Assistance Act is to facilitate the community reintegration of persons with mental disorders or developmental disabilities upon their release from jail, prison, detention centers or other correctional facilities operated by the state or by a class A county; enhance public safety; and provide cost-effective care by enabling released persons to receive benefits for which they are entitled promptly upon their release from incarceration.
Section 3. DEFINITIONS.--As used in the Prerelease Benefits Assistance Act:
A. "incarcerated" or "incarceration" means confined in a jail, prison, juvenile detention facility or other detention facility that qualifies as a public institution pursuant to 42 C.F.R. Section 435.1009 and that is operated by the state or by a class A county;
B. "mental disorder" means a mental disorder or a developmental disability, as defined in the Mental Health and Developmental Disabilities Code or the Children's Mental Health and Developmental Disabilities Act;
C. "prerelease agreement" means a formal agreement between the federal social security administration and a correctional facility providing that the correctional facility and the federal social security administration shall 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 a terminated status, such that while the benefits are suspended the person remains eligible for 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. "suspended", 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 4. MEDICAID AND FOOD STAMPS ELIGIBILITY--SUSPENDED BENEFITS--RESTORATION OF BENEFITS.--
A. The human services department shall adopt rules providing that when a person with a mental disorder who is enrolled in the medicaid or food stamp program is incarcerated, the person's eligibility for medicaid or food stamp benefits:
(1) shall be suspended and shall remain suspended for as long as permitted by federal law; and
(2) shall not be terminated unless the human services department determines that the person no longer meets the eligibility criteria under which the person had qualified and is not eligible for medicaid or food stamp benefits pursuant to any eligibility category.
B. The human services department shall adopt rules providing that when a person with a mental disorder whose medicaid or food stamp benefits eligibility has been suspended due to incarceration is released from incarceration, the person's benefits shall be fully restored unless the human services department determines that the person is no longer eligible for medicaid or food stamp benefits pursuant to any eligibility category.
Section 5. APPLICATIONS TO RESTORE BENEFITS--DISTRIBUTION OF AND ASSISTANCE WITH APPLICATIONS.--
A. The human services department, in conjunction with the corrections department, the children, youth and families department and administrators of jails and delinquency facilities operating in a class A county, shall seek to ensure the prompt restoration of benefits to an incarcerated person with a mental disorder whose eligibility for federal supplemental security income, federal social security disability income, medicaid or food stamp benefits has been suspended or terminated during incarceration. These agencies shall take reasonable actions to ensure that cash benefits are reinstated in the month of the person's release and that medicaid and food stamp benefits are reinstated upon release. The agencies shall take reasonable actions to:
(1) identify incarcerated persons with mental disorders whose federal supplemental security income, federal social security disability income, medicaid or food stamp benefits were suspended 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 6. PRERELEASE AGREEMENT WITH THE SOCIAL SECURITY ADMINISTRATION.--
A. The corrections department, the children, youth and families department and administrators of jails and delinquency facilities operating in class A counties shall, within ninety days of the effective date of the Prerelease Benefits Assistance Act, take reasonable action to 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 administrators of jails and delinquency facilities operating in class A counties shall implement the provisions of the prerelease agreement as soon as practicable.
Section 7. APPLICATIONS FOR INCARCERATED PERSONS TERMINATED FROM OR NOT ENROLLED IN FEDERAL BENEFITS PROGRAMS-- PROCEDURES.--
A. The human services department, in conjunction with the corrections department, the children, youth and families department and administrators of jails and delinquency facilities operating in class A counties, shall assist incarcerated persons with mental disorders whose eligibility for federal supplemental security income, federal social security disability income, medicaid or food stamp 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 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 the applications and, to the extent practicable, complete that review prior to each person's release; provided that such reviews 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 the federal supplemental security income, federal social security disability income, medicaid or food stamp 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 but the person's benefits eligibility shall be placed on suspended status. 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 8. PHOTO IDENTIFICATION.--The corrections department, the children, youth and families department and jails and delinquency facilities operating in class A counties shall arrange for incarcerated persons with mental disorders to be issued photo identification upon their release.
Section 9. 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.
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