Bill Text: TX HB37 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to ensuring 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) 2013-04-03 - Left pending in committee [HB37 Detail]
Download: Texas-2013-HB37-Introduced.html
83R436 EES-D | ||
By: Menendez | H.B. No. 37 |
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relating to ensuring 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 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) An individual's eligibility for medical assistance is | ||
suspended during the period the individual is confined in a county | ||
jail. | ||
(c) The eligibility of an individual for medical assistance | ||
that is suspended as provided by Subsection (b) is automatically | ||
reinstated on the date the individual is released from the county | ||
jail, 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 351.048 to read as follows: | ||
Sec. 351.048. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a) | ||
The sheriff of a county 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 under Chapter 32, Human Resources Code. | ||
(b) The sheriff shall provide the notices described by | ||
Subsection (a) by mail and electronically immediately on the | ||
prisoner's release or discharge from custody. The sheriff shall | ||
provide a copy of each applicable notice to the prisoner at the time | ||
of the prisoner's release or discharge. | ||
(c) 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. Section 32.0264, Human Resources Code, as added | ||
by this Act, applies 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 351.048, Local Government Code, as added | ||
by this Act, applies 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, 2013. |