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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, for individuals after release from confinement |
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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 Sections 32.02641 and 32.02651 to read as |
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follows: |
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Sec. 32.02641. 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 |
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operated by or for a county for the confinement of persons accused |
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or convicted of an offense. |
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(b) If an individual is confined in a county jail because |
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the individual has been charged with but not convicted of an |
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offense, the commission shall suspend the individual's eligibility |
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for medical assistance during the period the individual is confined |
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in the county jail. |
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(c) If an individual is confined in a county jail because |
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the individual has been convicted of an offense, the commission |
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shall as soon as the commission becomes aware of the conviction, as |
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appropriate: |
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(1) terminate the individual's eligibility for medical |
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assistance; or |
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(2) suspend the individual's eligibility during the |
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period the individual is confined in the county jail. |
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(d) Not later than 48 hours after the commission is notified |
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of the release from a county jail of an individual whose eligibility |
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for medical assistance has been suspended under this section, the |
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commission shall reinstate the individual's eligibility, provided |
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the individual's eligibility certification period has not elapsed. |
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Following the reinstatement, the individual remains eligible until |
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the expiration of the period for which the individual was certified |
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as eligible. |
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Sec. 32.02651. ASSISTING CERTAIN COUNTY OFFICIALS WITH |
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DETERMINING WHETHER INDIVIDUALS CONFINED IN COUNTY JAILS ARE |
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RECIPIENTS. (a) In this section, "county jail" has the meaning |
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assigned by Section 32.02641. |
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(b) The commission shall establish a means by which the |
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sheriff of a county for purposes of Section 351.046, Local |
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Government Code, or an employee of the county or sheriff, may |
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determine whether an individual confined in the county jail is or |
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was, as appropriate, receiving medical assistance benefits. |
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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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The sheriff of a county may notify the Health and Human Services |
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Commission: |
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(1) on the confinement in the county jail of an |
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individual who is receiving medical assistance benefits under |
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Chapter 32, Human Resources Code; and |
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(2) on the conviction of a prisoner who, immediately |
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before the prisoner's confinement in the county jail, was receiving |
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medical assistance benefits. |
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(b) If the sheriff of a county chooses to provide the |
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notices described by Subsection (a), the sheriff shall provide the |
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notices electronically or by other appropriate means as soon as |
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possible and not later than the 30th day after the date of the |
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individual's confinement or prisoner's conviction, as applicable. |
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(c) The sheriff of a county may 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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(d) If the sheriff of a county chooses to provide the |
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notices described by Subsection (c), the sheriff shall provide the |
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notices electronically or by other appropriate means not later than |
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48 hours after the prisoner's release or discharge from custody. |
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(e) If the sheriff of a county chooses to provide the |
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notices described by Subsection (c), at the time of the prisoner's |
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release or discharge, the sheriff shall provide the prisoner with a |
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written copy of each applicable notice and a telephone number by |
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which the prisoner may contact the Health and Human Services |
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Commission regarding confirmation of or assistance relating to |
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reinstatement of the individual's eligibility for medical |
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assistance benefits, if applicable. |
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(f) The county or sheriff, or an employee of the county or |
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sheriff, is not liable in a civil action for damages resulting from |
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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. Sections 32.02641(a)-(c), Human Resources Code, |
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and Section 351.046(a), Local Government Code, as added by this |
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Act, apply to an individual whose period of confinement in a county |
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jail begins on or after the effective date of this Act, regardless |
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of the date the individual was determined eligible for medical |
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assistance under Chapter 32, Human Resources Code. |
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SECTION 4. Section 32.02641(d), Human Resources Code, and |
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Section 351.046(c), 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. |