83R436 EES-D
By: Menendez H.B. No. 37
A BILL TO BE ENTITLED
AN ACT
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.