85R1825 EES-D
 
  By: Collier H.B. No. 337
 
 
 
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 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 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 Section 351.046 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 shall provide the
  notices electronically or by other appropriate means as soon as
  possible and not later than the 30th day after the date of the
  individual's confinement or prisoner's conviction, as applicable.
         (d)  The sheriff of a county may 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 chooses to provide the
  notices described by Subsection (d), the 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 chooses to provide the
  notices described by Subsection (d), at the time of the prisoner's
  release or discharge, the 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)  The county or sheriff, 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.
         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.