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A BILL TO BE ENTITLED
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AN ACT
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relating to the reinstatement of eligibility of certain children |
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released from a juvenile facility for benefits under the medical |
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assistance and child health plan programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 62, Health and Safety |
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Code, is amended by adding Sections 62.106 and 62.107 to read as |
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follows: |
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Sec. 62.106. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR CHILDREN IN JUVENILE FACILITIES. (a) In this |
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section, "juvenile facility" means a facility for the placement, |
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detention, or commitment of a child under Title 3, Family Code. |
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(b) To the extent allowed under federal law, if a child is |
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placed in a juvenile facility, the commission shall suspend the |
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child's eligibility for health benefits coverage under the child |
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health plan during the period the child is placed in the facility. |
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(c) Not later than 48 hours after the commission is notified |
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of the release from a juvenile facility of a child whose eligibility |
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for health benefits coverage under the child health plan has been |
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suspended under this section, the commission shall reinstate the |
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child's eligibility. Following the reinstatement, the child |
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remains eligible until the expiration of the period for which the |
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child was certified as eligible, excluding the period during which |
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the child's eligibility was suspended. |
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Sec. 62.107. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE |
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FACILITIES. (a) In this section: |
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(1) "Custodian" and "guardian" have the meanings |
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assigned by Section 51.02, Family Code. |
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(2) "Juvenile facility" has the meaning assigned by |
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Section 62.106. |
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(b) A juvenile facility may notify the commission on the |
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placement in the facility of a child who is enrolled in the child |
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health plan. |
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(c) If a juvenile facility chooses to provide the notice |
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described by Subsection (b), the facility shall provide the notice |
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electronically or by other appropriate means as soon as possible, |
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but not later than the 30th day, after the date of the child's |
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placement. |
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(d) A juvenile facility may notify the commission of the |
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release of a child who, immediately before the child's placement in |
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the facility, was enrolled in the child health plan. |
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(e) If a juvenile facility chooses to provide the notice |
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described by Subsection (d), the facility shall provide the notice |
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electronically or by other appropriate means not later than 48 |
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hours after the child's release from the facility. |
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(f) If a juvenile facility chooses to provide the notice |
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described by Subsection (d), at the time of the child's release, the |
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facility shall provide the child's guardian or custodian, as |
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appropriate, with a written copy of the notice and a telephone |
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number at which the commission may be contacted regarding |
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confirmation of or assistance relating to reinstatement of the |
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child's eligibility for health benefits coverage under the child |
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health plan. |
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(g) The commission shall establish a means by which a |
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juvenile facility, or an employee of the facility, may determine |
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whether a child placed in the facility is or was, as appropriate, |
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enrolled in the child health plan for purposes of this section. |
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(h) A juvenile facility, or an employee of the facility, is |
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not liable in a civil action for damages resulting from a failure to |
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comply with this section. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Sections 32.0264 and 32.0265 to read as |
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follows: |
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Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR CHILDREN IN JUVENILE FACILITIES. (a) In this |
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section, "juvenile facility" means a facility for the placement, |
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detention, or commitment of a child under Title 3, Family Code. |
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(b) To the extent allowed under federal law, if a child is |
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placed in a juvenile facility, the commission shall suspend the |
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child's eligibility for medical assistance during the period the |
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child is placed in the facility. |
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(c) Not later than 48 hours after the commission is notified |
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of the release from a juvenile facility of a child whose eligibility |
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for medical assistance has been suspended under this section, the |
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commission shall reinstate the child's eligibility. Following the |
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reinstatement, the child remains eligible until the expiration of |
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the period for which the child was certified as eligible, excluding |
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the period during which the child's eligibility was suspended. |
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Sec. 32.0265. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE |
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FACILITIES. (a) In this section: |
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(1) "Custodian" and "guardian" have the meanings |
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assigned by Section 51.02, Family Code. |
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(2) "Juvenile facility" has the meaning assigned by |
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Section 32.0264. |
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(b) A juvenile facility may notify the commission on the |
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placement in the facility of a child who is receiving medical |
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assistance benefits. |
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(c) If a juvenile facility chooses to provide the notice |
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described by Subsection (b), the facility shall provide the notice |
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electronically or by other appropriate means as soon as possible, |
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but not later than the 30th day, after the date of the child's |
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placement. |
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(d) A juvenile facility may notify the commission of the |
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release of a child who, immediately before the child's placement in |
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the facility, was receiving medical assistance benefits. |
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(e) If a juvenile facility chooses to provide the notice |
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described by Subsection (d), the facility shall provide the notice |
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electronically or by other appropriate means not later than 48 |
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hours after the child's release from the facility. |
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(f) If a juvenile facility chooses to provide the notice |
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described by Subsection (d), at the time of the child's release, the |
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facility shall provide the child's guardian or custodian, as |
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appropriate, with a written copy of the notice and a telephone |
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number at which the commission may be contacted regarding |
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confirmation of or assistance relating to reinstatement of the |
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child's eligibility for medical assistance benefits. |
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(g) The commission shall establish a means by which a |
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juvenile facility, or an employee of the facility, may determine |
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whether a child placed in the facility is or was, as appropriate, |
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receiving medical assistance benefits for purposes of this section. |
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(h) A juvenile facility, or an employee of the facility, is |
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not liable in a civil action for damages resulting from a failure to |
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comply with this section. |
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SECTION 3. Sections 62.106(b) and 62.107(b), Health and |
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Safety Code, as added by this Act, and Sections 32.0264(b) and |
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32.0265(b), Human Resources Code, as added by this Act, apply to a |
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child whose period of placement in a juvenile facility begins on or |
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after the effective date of this Act, regardless of the date the |
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child was determined eligible for child health plan coverage under |
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Chapter 62, Health and Safety Code, or medical assistance under |
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Chapter 32, Human Resources Code. |
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SECTION 4. Sections 62.106(c) and 62.107(d), Health and |
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Safety Code, as added by this Act, and Sections 32.0264(c) and |
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32.0265(d), Human Resources Code, as added by this Act, apply to the |
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release of a child from a juvenile facility that occurs on or after |
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the effective date of this Act, regardless of the date the child was |
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initially placed in the facility. |
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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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