Bill Text: TX HB337 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the continuation of certain public benefits, including medical assistance benefits, for individuals after release from confinement in a county jail.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Enrolled - Dead) 2017-06-15 - Effective on 9/1/17 [HB337 Detail]
Download: Texas-2017-HB337-Enrolled.html
H.B. No. 337 |
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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) To the extent allowed by federal law, if an individual | ||
is confined in a county jail and the sheriff of the county has | ||
notified the commission of the confinement under Section 351.046, | ||
Local Government Code, the commission shall suspend or terminate, | ||
as appropriate, the individual's eligibility for medical | ||
assistance during the period the individual is confined in the | ||
county jail. | ||
(c) Not later than 48 hours after the commission is notified | ||
under Section 351.046, Local Government Code, 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. To | ||
the extent allowed by federal law, 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 Sections 351.046 and 351.047 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 on the confinement in the county jail of an | ||
individual who is receiving medical assistance benefits. | ||
(c) If the sheriff of a county chooses to provide the notice | ||
described by Subsection (b), the sheriff, or an employee of the | ||
county or sheriff, shall provide the notice electronically or by | ||
other appropriate means as soon as possible after the 30th day after | ||
the date of the individual's confinement. | ||
(d) If the sheriff of a county chooses to provide the notice | ||
described by Subsection (b), the sheriff 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. | ||
(e) If the sheriff of a county provides the notices | ||
described by Subsection (d), the sheriff, or an employee of the | ||
county or 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 provides the notice described | ||
by Subsection (d)(2), at the time of the prisoner's release or | ||
discharge, the sheriff, or an employee of the county or sheriff, | ||
shall provide the prisoner with a written copy of the 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) A county or the sheriff of a county, 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. | ||
Sec. 351.047. ASSISTANCE WITH REINSTATEMENT OF BENEFITS. | ||
The sheriff of a county may enter into an agreement with a third | ||
party with experience providing reintegration resources or | ||
services to former prisoners under which the third party assists a | ||
person who is released or discharged from the county jail with the | ||
reinstatement of the person's eligibility for, as appropriate: | ||
(1) medical assistance benefits under Chapter 32, | ||
Human Resources Code; | ||
(2) Supplemental Security Income (SSI) benefits under | ||
42 U.S.C. Section 1381 et seq.; and | ||
(3) Social Security Disability Insurance (SSDI) | ||
benefits under 42 U.S.C. Section 401 et seq. | ||
SECTION 3. Section 32.0266(b), 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(c), 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 337 was passed by the House on May 6, | ||
2017, by the following vote: Yeas 133, Nays 11, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 337 on May 26, 2017, by the following vote: Yeas 118, Nays 22, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 337 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |