Texas 2015 - 84th Regular

Texas House Bill HB2523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R27084 EES-D
2	2	By: Collier, Coleman, Naishtat H.B. No. 2523
3	3	Substitute the following for H.B. No. 2523:
4	4	By: Crownover C.S.H.B. No. 2523
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the continuation of certain public benefits, including
10	10	medical assistance, for individuals after release from confinement
11	11	in a county jail.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
14	14	is amended by adding Section 32.0264 to read as follows:
15	15	Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC
16	16	REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY
17	17	JAILS. (a) In this section, "county jail" means a facility
18	18	operated by or for a county for the confinement of persons accused
19	19	or convicted of an offense.
20	20	(b) If an individual is confined in a county jail because
21	21	the individual has been charged with but not convicted of an
22	22	offense, the commission shall suspend the individual's eligibility
23	23	for medical assistance during the period the individual is confined
24	24	in the county jail.
25	25	(c) If an individual is confined in a county jail because
26	26	the individual has been convicted of an offense, the commission
27	27	shall, as appropriate:
28	28	(1) terminate the individual's eligibility for medical
29	29	assistance; or
30	30	(2) suspend the individual's eligibility during the
31	31	period the individual is confined in the county jail.
32	32	(d) Not later than 48 hours after the commission is notified
33	33	of the release from a county jail of an individual whose eligibility
34	34	for medical assistance has been suspended under this section, the
35	35	commission shall reinstate the individual's eligibility, provided
36	36	the individual's eligibility certification period has not elapsed.
37	37	Following the reinstatement, the individual remains eligible until
38	38	the expiration of the period for which the individual was certified
39	39	as eligible.
40	40	SECTION 2. Subchapter C, Chapter 351, Local Government
41	41	Code, is amended by adding Section 351.046 to read as follows:
42	42	Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
43	43	The sheriff of a county may notify the Health and Human Services
44	44	Commission:
45	45	(1) on the confinement in the county jail of an
46	46	individual who is receiving medical assistance benefits under
47	47	Chapter 32, Human Resources Code; and
48	48	(2) on the conviction of a prisoner who, immediately
49	49	before the prisoner's confinement in the county jail, was receiving
50	50	medical assistance benefits.
51	51	(b) If the sheriff of a county chooses to provide the
52	52	notices described by Subsection (a), the sheriff shall provide the
53	53	notices electronically or by other appropriate means as soon as
54	54	possible and not later than the 30th day after the date of the
55	55	individual's confinement or prisoner's conviction, as applicable.
56	56	(c) The sheriff of a county may notify:
57	57	(1) the United States Social Security Administration
58	58	of the release or discharge of a prisoner who, immediately before
59	59	the prisoner's confinement in the county jail, was receiving:
60	60	(A) Supplemental Security Income (SSI) benefits
61	61	under 42 U.S.C. Section 1381 et seq.; or
62	62	(B) Social Security Disability Insurance (SSDI)
63	63	benefits under 42 U.S.C. Section 401 et seq.; and
64	64	(2) the Health and Human Services Commission of the
65	65	release or discharge of a prisoner who, immediately before the
66	66	prisoner's confinement in the county jail, was receiving medical
67	67	assistance benefits.
68	68	(d) If the sheriff of a county chooses to provide the
69	69	notices described by Subsection (c), the sheriff shall provide the
70	70	notices electronically or by other appropriate means not later than
71	71	48 hours after the prisoner's release or discharge from custody.
72	72	(e) If the sheriff of a county chooses to provide the
73	73	notices described by Subsection (c), at the time of the prisoner's
74	74	release or discharge, the sheriff shall provide the prisoner with a
75	75	written copy of each applicable notice and a phone number at which
76	76	the prisoner may contact the Health and Human Services Commission
77	77	regarding confirmation of or assistance relating to reinstatement
78	78	of the individual's eligibility for medical assistance benefits, if
79	79	applicable.
80	80	(f) The Health and Human Services Commission shall
81	81	establish a means by which the sheriff of a county, or an employee
82	82	of the county or sheriff, may determine whether an individual
83	83	confined in the county jail is or was, as appropriate, receiving
84	84	medical assistance benefits under Chapter 32, Human Resources Code,
85	85	for purposes of this section.
86	86	(g) The county or sheriff, or an employee of the county or
87	87	sheriff, is not liable in a civil action for damages resulting from
88	88	a failure to comply with this section.
89	89	SECTION 3. Sections 32.0264(a)-(c), Human Resources Code,
90	90	and Section 351.046(a), Local Government Code, as added by this
91	91	Act, apply to an individual whose period of confinement in a county
92	92	jail begins on or after the effective date of this Act, regardless
93	93	of the date the individual was determined eligible for medical
94	94	assistance under Chapter 32, Human Resources Code.
95	95	SECTION 4. Section 32.0264(d), Human Resources Code, and
96	96	Section 351.046(c), Local Government Code, as added by this Act,
97	97	apply to the release or discharge of a prisoner from a county jail
98	98	that occurs on or after the effective date of this Act, regardless
99	99	of the date the prisoner was initially confined in the county jail.
100	100	SECTION 5. If before implementing any provision of this Act
101	101	a state agency determines that a waiver or authorization from a
102	102	federal agency is necessary for implementation of that provision,
103	103	the agency affected by the provision shall request the waiver or
104	104	authorization and may delay implementing that provision until the
105	105	waiver or authorization is granted.
106	106	SECTION 6. This Act takes effect September 1, 2015.