Bill Text: TX HB1734 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the continuation of certain public benefits, including medical assistance, for individuals after release from confinement in a county jail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB1734 Detail]
Download: Texas-2017-HB1734-Introduced.html
85R10867 TYPED | ||
By: Coleman | H.B. No. 1734 |
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relating to the continuation of certain public benefits, including | ||
medical assistance, 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 32.0264 to read as follows: | ||
Sec. 32.0264. 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) | ||
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 under | ||
Chapter 32, Human Resources Code; and | ||
(2) on the conviction of a prisoner who, immediately | ||
before the prisoner's confinement in the county jail, was receiving | ||
medical assistance benefits. | ||
(b) If the sheriff of a county chooses to provide the | ||
notices described by Subsection (a), 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. | ||
(c) 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. | ||
(d) If the sheriff of a county chooses to provide the | ||
notices described by Subsection (c), 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. | ||
(e) If the sheriff of a county chooses to provide the | ||
notices described by Subsection (c), 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 phone 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. | ||
(f) 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 under Chapter 32, Human Resources Code, | ||
for purposes of this section. | ||
(g) 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 32.0264(a)-(c), Human Resources Code, | ||
and Section 351.046(a), 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 32.0264(d), Human Resources Code, and | ||
Section 351.046(c), 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. |