| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the continuation of certain public benefits, including |
|
|
medical assistance benefits, for individuals after release from |
|
|
confinement in a county jail. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
|
|
is amended by adding Section 32.0266 to read as follows: |
|
|
Sec. 32.0266. SUSPENSION, TERMINATION, AND AUTOMATIC |
|
|
REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY |
|
|
JAILS. (a) In this section, "county jail" means a facility operated |
|
|
by or for a county for the confinement of persons accused or |
|
|
convicted of an offense. |
|
|
(b) If an individual is confined in a county jail because |
|
|
the individual has been charged with but not convicted of an |
|
|
offense, the commission shall, as soon as the commission becomes |
|
|
aware of the confinement, suspend the individual's eligibility for |
|
|
medical assistance during the period the individual is confined in |
|
|
the county jail. |
|
|
(c) If an individual is confined in a county jail because |
|
|
the individual has been convicted of an offense, the commission |
|
|
shall, as soon as the commission becomes aware of the conviction, as |
|
|
appropriate: |
|
|
(1) terminate the individual's eligibility for medical |
|
|
assistance; or |
|
|
(2) suspend the individual's eligibility during the |
|
|
period the individual is confined in the county jail. |
|
|
(d) Not later than 48 hours after the commission is notified |
|
|
of the release from a county jail of an individual whose eligibility |
|
|
for medical assistance has been suspended under this section, the |
|
|
commission shall reinstate the individual's eligibility, provided |
|
|
the individual's eligibility certification period has not elapsed. |
|
|
Following the reinstatement, the individual remains eligible until |
|
|
the expiration of the period for which the individual was certified |
|
|
as eligible. |
|
|
SECTION 2. Subchapter C, Chapter 351, Local Government |
|
|
Code, is amended by adding Sections 351.046 and 351.047 to read as |
|
|
follows: |
|
|
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a) |
|
|
In this section, "medical assistance benefits" means medical |
|
|
assistance benefits provided under Chapter 32, Human Resources |
|
|
Code. |
|
|
(b) The sheriff of a county may notify the Health and Human |
|
|
Services Commission: |
|
|
(1) on the confinement in the county jail of an |
|
|
individual who is receiving medical assistance benefits; and |
|
|
(2) on the conviction of a prisoner who, immediately |
|
|
before the prisoner's confinement in the county jail, was receiving |
|
|
medical assistance benefits. |
|
|
(c) If the sheriff of a county chooses to provide the |
|
|
notices described by Subsection (b), the sheriff, or an employee of |
|
|
the county or sheriff, shall provide the notices electronically or |
|
|
by other appropriate means as soon as possible after the 30th day |
|
|
after the date of the individual's confinement or prisoner's |
|
|
conviction, as applicable. |
|
|
(d) If the sheriff of a county chooses to provide the |
|
|
notices described by Subsection (b), the sheriff shall notify: |
|
|
(1) the United States Social Security Administration |
|
|
of the release or discharge of a prisoner who, immediately before |
|
|
the prisoner's confinement in the county jail, was receiving: |
|
|
(A) Supplemental Security Income (SSI) benefits |
|
|
under 42 U.S.C. Section 1381 et seq.; or |
|
|
(B) Social Security Disability Insurance (SSDI) |
|
|
benefits under 42 U.S.C. Section 401 et seq.; and |
|
|
(2) the Health and Human Services Commission of the |
|
|
release or discharge of a prisoner who, immediately before the |
|
|
prisoner's confinement in the county jail, was receiving medical |
|
|
assistance benefits. |
|
|
(e) If the sheriff of a county provides the notices |
|
|
described by Subsection (d), the sheriff, or an employee of the |
|
|
county or sheriff, shall provide the notices electronically or by |
|
|
other appropriate means not later than 48 hours after the |
|
|
prisoner's release or discharge from custody. |
|
|
(f) If the sheriff of a county provides the notices |
|
|
described by Subsection (d), at the time of the prisoner's release |
|
|
or discharge, the sheriff, or an employee of the county or sheriff, |
|
|
shall provide the prisoner with a written copy of each applicable |
|
|
notice and a telephone number at which the prisoner may contact the |
|
|
Health and Human Services Commission regarding confirmation of or |
|
|
assistance relating to reinstatement of the individual's |
|
|
eligibility for medical assistance benefits, if applicable. |
|
|
(g) The Health and Human Services Commission shall |
|
|
establish a means by which the sheriff of a county, or an employee |
|
|
of the county or sheriff, may determine whether an individual |
|
|
confined in the county jail is or was, as appropriate, receiving |
|
|
medical assistance benefits for purposes of this section. |
|
|
(h) A county or the sheriff of a county, or an employee of |
|
|
the county or sheriff, is not liable in a civil action for damages |
|
|
resulting from a failure to comply with this section. |
|
|
Sec. 351.047. ASSISTANCE WITH REINSTATEMENT OF BENEFITS. |
|
|
The sheriff of a county may enter into an agreement with a third |
|
|
party with experience providing reintegration resources or |
|
|
services to former prisoners under which the third party assists a |
|
|
person who is released or discharged from the county jail with the |
|
|
reinstatement of the person's eligibility for, as appropriate: |
|
|
(1) medical assistance benefits under Chapter 32, |
|
|
Human Resources Code; |
|
|
(2) Supplemental Security Income (SSI) benefits under |
|
|
42 U.S.C. Section 1381 et seq.; and |
|
|
(3) Social Security Disability Insurance (SSDI) |
|
|
benefits under 42 U.S.C. Section 401 et seq. |
|
|
SECTION 3. Sections 32.0266(b) and (c), Human Resources |
|
|
Code, and Section 351.046(b), Local Government Code, as added by |
|
|
this Act, apply to an individual whose period of confinement in a |
|
|
county jail begins on or after the effective date of this Act, |
|
|
regardless of the date the individual was determined eligible for |
|
|
medical assistance under Chapter 32, Human Resources Code. |
|
|
SECTION 4. Section 32.0266(d), Human Resources Code, and |
|
|
Section 351.046(d), Local Government Code, as added by this Act, |
|
|
apply to the release or discharge of a prisoner from a county jail |
|
|
that occurs on or after the effective date of this Act, regardless |
|
|
of the date the prisoner was initially confined in the county jail. |
|
|
SECTION 5. If before implementing any provision of this Act |
|
|
a state agency determines that a waiver or authorization from a |
|
|
federal agency is necessary for implementation of that provision, |
|
|
the agency affected by the provision shall request the waiver or |
|
|
authorization and may delay implementing that provision until the |
|
|
waiver or authorization is granted. |
|
|
SECTION 6. This Act takes effect September 1, 2017. |