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HomeMy WebLinkAboutR-1997-049 Suspension of SSI payments to inmatesRESOLUTION NO. R-97-41 RESOLUTION authorizing the City Manager and the City Clerk to execute an Agreement between the City of Yakima and the Social Security Administration for purposes of the City receiving incentive pay for providing certain information to the Social Security Administration. WHEREAS, under Section 1611(e)(1) of the Social Security Act, the Social Security Administration ("SSA") is authorized to pay the City for information that results in the suspension of payments to jail inmates who would otherwise receive Supplemental Security Income payments; and WHEREAS, before the SSA will make said payments, the SSA requires that the City execute the attached Agreement with the SSA; and WHEREAS, the City desires to receive said payments from the SSA; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to receive these payments and execute the attached Agreement with the SSA, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Agreement between the Social Security Administration and the City of Yakima." The final Agreement shall be approved as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this i � day of APRs L . 1997. ATTEST: City Clerk (ik)re./ua/pm Buchanan, Mayor AGREEMENT BETWEEN THE SOCIAL SECURITY ADMINISTRATION AND THE City of Yakima, a Washington State Municipal Corporation (insert reporting entity name; e.g., State of, County of, etc.) Article I, Purpose & Legal Authority This agreement is entered into by the parties in accordance with section 1611(e)(1)(I) of the Social Security Act (the Act). The agreement provides the terms and conditions under which the reporting entity (Reporter) will provide to the Social Security Administration (SSA) information about certain confined individuals, on its own behalf and/or on behalf of other facilities/institutions for whom it will report as identified in Article III B.1 of this agreement and under which SSA will pay facilities/institutions for information that results in the suspension of payments to certain confined individuals receiving Supplemental Security Income (SSI) payments under title XVI of the Act, 42 U.S.C. 1381 et sea. The responsibilities of each party to the agreement are also provided. Title XVI of the Act sets forth the conditions under which individuals are eligible for SSI payments. Section 1611(e)(1)(A) of the Act provides, with certain exceptions, that an individual shall not be eligible for SSI payments for any month throughout which he or she is an inmate of a public institution. Section 1611(e)(1)(I)(i) of the Act authorizes SSA to enter into an agreement described in that section with a specified type of interested State or local institution (such as a jail, prison, or other penal institution or correctional facility or other institutions in which people are confined by court order at public expense). Section 1611(e)(1)(I) of the Act provides the general terms and conditions under which, pursuant to the agreement, the Reporter will provide information about confined individuals to SSA. Section 1611(e)(1)(I)(ii) exempts this agreement, and information exchanged pursuant to this agreement, from the provisions of the Privacy Act, 5 U.S.C. 552a, including those relating to computer matches. Article II, Definitions 2 A. "Confined individuals" are individuals who are confined to a facility/institution described in Article I of this agreement under authority of law at any time during the period covered by this agreement. B. "Disclosure" means the release of information (data) with or without the consent of the individual(s) to whom the information pertains. C. "Facility Identification Code" means the six digit code that SSA will assign to a facility or institution which confines individuals and is covered by this agreement. This code must be furnished with each submission of inmate data to SSA concerning the facility/institution's confined individuals in order for SSA to process any incentive payments due the facility/institution under this agreement. D. "Record" means any item, collection, or grouping of information about an individual that is maintained by an entity including, but not limited to, the individual's criminal history, name, Social Security number (SSN), date of birth, gender, date of confinement, place of confinement and prisoner or inmate status. E. "Reporter Identification Code" means the four digit code assigned by SSA to the Reporter that is party to the agreement and that will report information on its own behalf and/or on behalf of other facilities/institutions identified in this agreement. F. "Throughout a month" means that an individual is confined in an institution as of the first instant of a calendar month and stays through the last instant of the month. Example 1: If an individual enters an institution on April 30 and is released on June 3, the individual would be confined throughout May. Example 2: If an individual enters an institution on May 1 3 and is released on June 30, the individual would not have been confined in an institution throughout either May or June. Under the SSI program, an individual who is confined in a public institution is considered as remaining confined in a public institution if he is transferred from one such institution to another or if he is temporarily absent for a period of not more than 14 consecutive days. Also, an individual is considered confined in an institution throughout a month if he is confined in the institution as of the beginning of a month and dies in the institution during the month. Article III, Description of Records to be Matched A. General 1. The Reporter will identify confined individuals for SSA. 2. SSA will determine which of these confined individuals are receiving SSI payments. B. Source of Reporter Records Yakima City Police Departme t 1. These records are compiled fromYakima City Tet-pin(the Reporter must list all of the facilities/institutions that are covered by this agreement for which it will report) . 2. The following are the data elements that the Reporter must provide for confined individuals: a. Social Security number (provide all numbers the individual has been known to use); b. Name (provide all names the individual has been known to use); c. Date of birth (known or alleged); d. Confinement commencement date; e. Such other identifying information as designated in 4 the attached guide; and f. Facility identification code. 3. All records will be prepared and transmitted as prescribed in Article IV with clear identification of the facility/institution that is the source of such records. C. SSA Records SSA will match the data from the Reporter for the purpose described in this agreement. The data will be matched against the Supplemental Security Income Record (SSR) HHS/SSA/OSR 09-60-0103. Article IV, Functions to be Performed The information on confined individuals must be provided electronically (i.e., a computer tape, cartridge, or diskette). Compliance with this specification is mandatory. SSA will allow the Reporter 12 months from the effective date of this agreement to comply with this specification. During this 12 -month period, SSA will accept paper reports from the Reporter. SSA will not accept paper reports for the purpose of this agreement after the 12 -month period. The Reporter agrees that it will furnish SSA with an electronic file (or paper reports if appropriate) containing the data elements listed in Article III B.2 above on individuals whose confinement commences on or after March 1, 1997. The first submission of data, whether done electronically or by paper, will be a total inmate population report. After the first report, these files are to be submitted for each calendar month with data only for those individuals who are admitted to the facility/institution at any time during the period from the first day of the reporting month to the last day of such month. In addition to the first submission of the total inmate population and the subsequent monthly reports required under this IPMOU, SSA requests the Reporter to submit, at the end of each calendar year, a complete list of all inmates who entered the facilities/institutions for whom it reports. SSA will use this annual report to identify inmates who may have filed for SSI 5 after a Reporter's monthly report or whose application for SSI payments had not been adjudicated at the time the data was processed. Compliance with this request helps SSA in its efforts to ensure that SSI payments are made only to those eligible under the law. Incentive payments will be paid, based on the provisions in this IPMOU, if SSI payments are suspended as a result of data exchanged in the annual report. The instructions for creating the electronic file are attached. Once the SSN is validated, and the identity of the confined individual is verified based on SSA's records, SSA will: 1. Determine if the individual is receiving SSI; 2. Verify that the individual has been confined throughout a calendar month; 3. Notify the individual of the suspension action and provide the individual with an opportunity to contest the planned action under applicable regulations; 4. Suspend SSI payments as required by law; 5. Pay the appropriate facility/institution as specified under Article V. The Reporter agrees to send the data to one of the following addresses. Send tapes or cartridges to: SSA Tape Operations Section Attention: Outside Agency National Computer Center 6201 Security Blvd. Baltimore, MD 21235 Send diskettes to: SSA, DOS Metro West Bldg. P.O. Box 1600 6 Baltimore, MD 21201 Send paper to: SSA, DOS Metro West Bldg. P.O. Box 1600 Baltimore, MD 21201 Article V, Incentive Payment Process In accordance with section 1611(e)(1)(I)(i)(II) of the Act, SSA will pay an incentive payment to a facility/institution covered by this agreement for information on a confined individual which the Reporter furnishes to SSA within the time periods specified below, provided that the confined individual is: o Eligible for an SSI payment for the month preceding the first month throughout which the confined individual is in such facility/institution; and o Determined by SSA to be ineligible for an SSI payment for such first month as a result of the information provided by the Reporter under this agreement. SSA will pay such facility/institution: o $400 if the Reporter furnishes the information on a confined individual described above to SSA within 30 days after the date the individual's confinement in such facility/institution begins; or o $200 if the Reporter furnishes such information to SSA after 30 days after such date but within 90 days after such date. If SSA cannot validate the SSN of a confined individual, no further action will be taken by SSA. SSA will not pay an incentive payment for information concerning a confined individual if, prior to SSA's receipt of the information, SSA has already determined that the individual is 7 ineligible for SSI payments. Payments made by SSA under this agreement represent incentive payments accruing as a result of SSA's efforts in processing the data provided pursuant to this agreement when such data results in the suspension of SSI payments to confined inmates. The time to complete the verification process, any case development necessary to determine whether an individual's SSI payment must be suspended and the time to complete the due process requirements that must be accorded an individual subject to a suspension action may vary from case to case and may represent several months. SSA will pay incentive payments to a facility/institution on a monthly basis by electronic transfer of funds. The facility/ institution will name a financial institution and provide the information required on the attached Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form (SF 3881) to receive its incentive payments by electronic transfer of funds. SSA will provide the Reporter with a notice of the amount of the incentive payment, the payment date and the total number of suspended individuals. Disputes involving these incentive payments will be considered by the Regional Prisoner Coordinator designated in Article IX. The Reporter should forward a written request describing the dispute in detail to the Regional Prisoner Coordinator designated in Article IX within 30 days of its receipt of the relevant incentive payment notice. Article VI, Records Usage, Duplication and Redisclosure Restrictions SSA agrees to use the information provided by the Reporter only to determine which of the confined individuals are receiving SSI payments and to suspend these SSI payments as required by law. SSA will adhere strictly to the provisions of section 1611(e)(1)(I) of the Act in any usage, duplication, or redisclosure of information provided by the Reporter under this agreement. As required by section 1611(e)(1)(ii)(II) of the Act, SSA may redisclose the information obtained pursuant to this agreement to any Federal or Federally assisted cash, food, or medical 8 assistance program, for eligibility purposes. Article VII, Notice, Verification and Opportunity to Contest SSA agrees to verify information obtained under this agreement prior to initiating any adverse action against an individual. Pursuant to its applicable SSI regulations, SSA will inform the individual by written notice that it has received specified information indicating that the individual is confined under the jurisdiction of a named prison system or is an inmate of a public institution throughout a calendar month beginning (month/year) and that, by law, SSI payments must be suspended. SSA will afford the individual the opportunity to contest and submit information concerning the planned action and to appeal a determination by SSA to suspend SSI payments in accordance with applicable regulations. Article VIII, Term of the Agreement This agreement supersedes any previous agreement(s) between SSA and the facility/institutions identified in this agreement effectuating the exchange of prisoner information for the purpose of enforcing section 1611(e) (1) (A) of the Act. This agreement shall be effective upon the signatures of both parties and shall remain in effect until terminated by either of the parties. The agreement may be terminated upon written notification by either party 90 days in advance of the termination date. Article IX, Persons to Contact A. The SSA contact for questions concerning this incentive payment agreement is the Regional Prisoner Coordinator in SSA' s& tf le CL Regional Office at the following address: D©Y1 Lawson S5 A Re L1 X , ARG- t"to3 rigs sq as j. GA Ave State S!08 Sediftfe, 4Ju.. ' S!a( aa(- Us-(4-(vs3 9 B. The SSA contact for policy questions concerning the incentive payment provision is: William Browne Office of Program Benefits Policy 3-A-26 Operations Building 6401 Security Boulevard Baltimore, MD 21235 (410) 965-7685 FAX (410) 966-9214 C. For technical questions concerning the computer operation itself, contact: Paul Swanenburg Chief, Data Exchange Branch 3-L-16 Operations Building 6401 Security Boulevard Baltimore, MD 21235 (410) 965-5454 FAX (410) 966-1371 D. The Reporter contact for the incentive payment provision is: NAME Captain Pete Adkins ADDRESS Yakima Police Department; 200 S. 3rd St. TELEPHONE (509) 575-6200 FAX (509) 575-6007 E. The Reporter contact concerning technical questions regarding the electronic file process is: NAME Gary Williams ADDRESS Yakima Police Department; 200 S. 3rd St. TELEPHONE (509) 575-6200 FAX (509) 575-6007 F. The Reporter contact for questions concerning the incentive payment accounting information is: NAME Tim Jensen ADDRESS 129 N. 2nd St., Yakima, WA TELEPHONE (509) 576-6639 FAX Article X, Signature In witness whereof, the parties execute this agreement, FOR THE OMMIS IO ER OF SOCIAL SECURITY BY 014-n 01titP DATE y /a a/q% Fr etd o PC a i 154 yalc4.4 04- (TITLE) %(TITLE) FOR (TH REP-BRTER. / BY DATE r % ��/ City Manager ATTEST: -�,,�-- City Clerk (TITLE) CITY CONTRACT NO: RESOLUTION NO: -97_ y9 10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting of 51//-7 ITEM TITLE: Consideration of a Resolution authorizing an agreement between the City of Yakima and the Social Security Administration for purposes of the City receiving incentive pay for providing certain information to the Social Security Administration. SUBMITTED BY: Chief Don Blesio9 Capt. Pete Adkins CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Capt. Pete Adkins - 575-6294 SUMMARY EXPLANATION: The Social Security Administration is authorized to pay the City $400.00 per calendar month for jail inmates eligible to receive Supplemental Security Income payments. The City will provide the Social Security Administration a monthly report containing prisoner names and social security numbers to determine the City's eligibility for such incentive pay. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended the Council enact the resolution authorizing amendment of this agreement. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-49 FAX Article X, Signature In witness whereof, the parties execute this agreement, FOR THE COMMISSIONER OF SOCIAL SECURITY BY DATE (TITLE) FOR 1E� i2 P_ R �\ BY ��� City Manager ATTEST: City Clerk (TITLE) CITY CONTRACT NO: / 102, RESOLUTION NO: " - .77- itF DATE 17'/719 7 10