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