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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 medical assistance |
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benefits for individuals after release or discharge from certain |
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facilities. |
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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 32.0265 to read as follows: |
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Sec. 32.0265. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR INDIVIDUALS CONFINED IN CERTAIN FACILITIES. (a) |
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In this section: |
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(1) "Correctional facility" has the meaning assigned |
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by Section 1.07, Penal Code. |
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(2) "Mental health facility" has the meaning assigned |
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to an institution for mental diseases in 42 C.F.R. Section |
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435.1010. |
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(b) An individual's eligibility for medical assistance |
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benefits is suspended during the period the individual is confined |
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in a correctional facility and, to the extent allowed by federal |
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law, an individual's eligibility for medical assistance benefits is |
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suspended during the period the individual is admitted to a mental |
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health facility. |
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(c) The eligibility of an individual for medical assistance |
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benefits that is suspended as provided by Subsection (b) is |
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automatically reinstated on the date the individual is released or |
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discharged from the correctional facility or mental health |
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facility, provided the individual's eligibility certification |
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period 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. Chapter 493, Government Code, is amended by |
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adding Section 493.033 to read as follows: |
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Sec. 493.033. NOTICE TO HEALTH AND HUMAN SERVICES |
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COMMISSION. (a) The department shall notify the Health and Human |
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Services Commission of the release or discharge of a prisoner who, |
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immediately before the prisoner's confinement in a state |
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correctional facility, was receiving medical assistance benefits |
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under Chapter 32, Human Resources Code. |
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(b) The department shall provide the notice 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 department shall |
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provide a copy of the notice to the prisoner at the time of the |
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prisoner's release or discharge. |
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SECTION 3. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.082 to read as follows: |
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Sec. 1001.082. NOTICE TO COMMISSION. (a) In this section, |
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"mental health facility" has the meaning assigned in Section |
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32.0265, Human Resources Code. |
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(b) The administrator of a mental health facility shall |
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notify the commission of the release or discharge of a patient who, |
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immediately before the patient's admission to the facility, was |
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receiving medical assistance benefits under Chapter 32, Human |
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Resources Code, and whose admission to the facility caused those |
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benefits to be suspended. |
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(c) The administrator shall provide the notice described by |
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Subsection (b) by mail and electronically immediately on the |
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patient's release or discharge. The administrator shall provide a |
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copy of the notice to the patient at the time of the patient's |
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release or discharge. |
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SECTION 4. Subchapter C, Chapter 351, Local Government |
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Code, is amended by adding Section 351.050 to read as follows: |
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Sec. 351.050. NOTICE TO HEALTH AND HUMAN SERVICES |
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COMMISSION. (a) The sheriff of a county or other county jail |
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administrator shall notify the Health and Human Services Commission |
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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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medical assistance benefits under Chapter 32, Human Resources Code. |
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(b) The sheriff or jail administrator shall provide the |
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notice described by Subsection (a) by mail and electronically |
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immediately on the prisoner's release or discharge from custody. |
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The sheriff or jail administrator shall provide a copy of the notice |
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to the prisoner at the time of the prisoner's release or discharge. |
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SECTION 5. Section 32.0265, 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 correctional facility or whose admission to a mental health |
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facility 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 6. Section 493.033, Government Code, and Section |
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351.050, Local Government Code, as added by this Act, apply to the |
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release or discharge of a prisoner from a state correctional |
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facility or county jail that occurs on or after the effective date |
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of this Act, regardless of the date the prisoner was initially |
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confined in the state correctional facility or county jail. |
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SECTION 7. Section 1001.082, Health and Safety Code, as |
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added by this Act, applies to the release or discharge of a patient |
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from a mental health facility that occurs on or after the effective |
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date of this Act, regardless of the date the patient was initially |
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admitted to the facility. |
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SECTION 8. 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 9. This Act takes effect September 1, 2013. |