Bill Text: TX SB235 | 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 2-0)
Status: (Introduced - Dead) 2017-02-27 - Co-author authorized [SB235 Detail]
Download: Texas-2017-SB235-Introduced.html
| 85R2503 EES-D | ||
| By: Menéndez | S.B. No. 235 | |
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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 Sections 32.02641 and 32.02651 to read as | ||
| follows: | ||
| Sec. 32.02641. 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 soon as the commission becomes aware of the conviction, 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. | ||
| Sec. 32.02651. ASSISTING CERTAIN COUNTY OFFICIALS WITH | ||
| DETERMINING WHETHER INDIVIDUALS CONFINED IN COUNTY JAILS ARE | ||
| RECIPIENTS. (a) In this section, "county jail" has the meaning | ||
| assigned by Section 32.02641. | ||
| (b) The commission shall establish a means by which the | ||
| sheriff of a county for purposes of Section 351.046, Local | ||
| Government Code, 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. | ||
| 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) | ||
| 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 telephone number by | ||
| 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 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. | ||
| 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. Sections 32.02641(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 32.02641(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. | ||
