83R4001 JSL-D
By: Uresti S.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to ensuring the continuation of medical assistance
benefits for individuals after release or discharge from certain
facilities.
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 32.0265 to read as follows:
Sec. 32.0265. SUSPENSION AND AUTOMATIC REINSTATEMENT OF
ELIGIBILITY FOR INDIVIDUALS CONFINED IN CERTAIN FACILITIES. (a)
In this section:
(1) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(2) "Mental health facility" has the meaning assigned
to an institution for mental diseases in 42 C.F.R. Section
435.1010.
(b) An individual's eligibility for medical assistance
benefits is suspended during the period the individual is confined
in a correctional facility and, to the extent allowed by federal
law, an individual's eligibility for medical assistance benefits is
suspended during the period the individual is admitted to a mental
health facility.
(c) The eligibility of an individual for medical assistance
benefits that is suspended as provided by Subsection (b) is
automatically reinstated on the date the individual is released or
discharged from the correctional facility or mental health
facility, 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. Chapter 493, Government Code, is amended by
adding Section 493.033 to read as follows:
Sec. 493.033. NOTICE TO HEALTH AND HUMAN SERVICES
COMMISSION. (a) The department shall notify the Health and Human
Services Commission of the release or discharge of a prisoner who,
immediately before the prisoner's confinement in a state
correctional facility, was receiving medical assistance benefits
under Chapter 32, Human Resources Code.
(b) The department shall provide the notice described by
Subsection (a) by mail and electronically immediately on the
prisoner's release or discharge from custody. The department shall
provide a copy of the notice to the prisoner at the time of the
prisoner's release or discharge.
SECTION 3. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.082 to read as follows:
Sec. 1001.082. NOTICE TO COMMISSION. (a) In this section,
"mental health facility" has the meaning assigned in Section
32.0265, Human Resources Code.
(b) The administrator of a mental health facility shall
notify the commission of the release or discharge of a patient who,
immediately before the patient's admission to the facility, was
receiving medical assistance benefits under Chapter 32, Human
Resources Code, and whose admission to the facility caused those
benefits to be suspended.
(c) The administrator shall provide the notice described by
Subsection (b) by mail and electronically immediately on the
patient's release or discharge. The administrator shall provide a
copy of the notice to the patient at the time of the patient's
release or discharge.
SECTION 4. Subchapter C, Chapter 351, Local Government
Code, is amended by adding Section 351.050 to read as follows:
Sec. 351.050. NOTICE TO HEALTH AND HUMAN SERVICES
COMMISSION. (a) The sheriff of a county or other county jail
administrator shall notify 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 or jail administrator shall provide the
notice described by Subsection (a) by mail and electronically
immediately on the prisoner's release or discharge from custody.
The sheriff or jail administrator shall provide a copy of the notice
to the prisoner at the time of the prisoner's release or discharge.
SECTION 5. Section 32.0265, Human Resources Code, as added
by this Act, applies to an individual whose period of confinement in
a correctional facility or whose admission to a mental health
facility 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 6. Section 493.033, Government Code, and Section
351.050, Local Government Code, as added by this Act, apply to the
release or discharge of a prisoner from a state correctional
facility or county jail that occurs on or after the effective date
of this Act, regardless of the date the prisoner was initially
confined in the state correctional facility or county jail.
SECTION 7. Section 1001.082, Health and Safety Code, as
added by this Act, applies to the release or discharge of a patient
from a mental health facility that occurs on or after the effective
date of this Act, regardless of the date the patient was initially
admitted to the facility.
SECTION 8. 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 9. This Act takes effect September 1, 2013.