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A BILL TO BE ENTITLED
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AN ACT
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relating to ensuring the continuation of certain public benefits, |
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including medical assistance, for individuals after release from |
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confinement in a county jail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0264 to read as follows: |
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Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY JAILS. (a) In this |
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section, "county jail" means a facility operated by or for a county |
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for the confinement of persons accused or convicted of an offense. |
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(b) An individual's eligibility for medical assistance is |
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suspended during the period the individual is confined in a county |
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jail. |
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(c) The eligibility of an individual for medical assistance |
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that is suspended as provided by Subsection (b) is automatically |
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reinstated on the date the individual is released from the county |
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jail, provided the individual's eligibility certification period |
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has not elapsed. Following the reinstatement, the individual |
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remains eligible until the expiration of the period for which the |
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individual was certified as eligible. |
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SECTION 2. Subchapter C, Chapter 351, Local Government |
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Code, is amended by adding Section 351.048 to read as follows: |
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Sec. 351.048. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a) |
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The sheriff of a county shall notify: |
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(1) the United States Social Security Administration |
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of the release or discharge of a prisoner who, immediately before |
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the prisoner's confinement in the county jail, was receiving: |
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(A) Supplemental Security Income (SSI) benefits |
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under 42 U.S.C. Section 1381 et seq.; or |
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(B) Social Security Disability Insurance (SSDI) |
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benefits under 42 U.S.C. Section 401 et seq.; and |
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(2) the Health and Human Services Commission of the |
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release or discharge of a prisoner who, immediately before the |
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prisoner's confinement in the county jail, was receiving medical |
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assistance benefits under Chapter 32, Human Resources Code. |
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(b) The sheriff shall provide the notices described by |
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Subsection (a) by mail and electronically immediately on the |
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prisoner's release or discharge from custody. The sheriff shall |
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provide a copy of each applicable notice to the prisoner at the time |
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of the prisoner's release or discharge. |
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(c) The county or sheriff, or an employee of the county or |
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sheriff, is not liable in a civil action for damages resulting from |
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a failure to comply with this section. |
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SECTION 3. Section 32.0264, Human Resources Code, as added |
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by this Act, applies to an individual whose period of confinement in |
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a county jail begins on or after the effective date of this Act, |
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regardless of the date the individual was determined eligible for |
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medical assistance under Chapter 32, Human Resources Code. |
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SECTION 4. Section 351.048, Local Government Code, as added |
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by this Act, applies to the release or discharge of a prisoner from |
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a county jail that occurs on or after the effective date of this |
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Act, regardless of the date the prisoner was initially confined in |
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the county jail. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2013. |