H.B. No. 839
AN ACT
relating to the reinstatement of eligibility of certain children
released from a juvenile facility for benefits under the medical
assistance and child health plan programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 62, Health and Safety
Code, is amended by adding Sections 62.106 and 62.107 to read as
follows:
Sec. 62.106. SUSPENSION AND AUTOMATIC REINSTATEMENT OF
ELIGIBILITY FOR CHILDREN IN JUVENILE FACILITIES. (a) In this
section, "juvenile facility" means a facility for the placement,
detention, or commitment of a child under Title 3, Family Code.
(b) To the extent allowed under federal law, if a child is
placed in a juvenile facility, the commission shall suspend the
child's eligibility for health benefits coverage under the child
health plan during the period the child is placed in the facility.
(c) Not later than 48 hours after the commission is notified
of the release from a juvenile facility of a child whose eligibility
for health benefits coverage under the child health plan has been
suspended under this section, the commission shall reinstate the
child's eligibility. Following the reinstatement, the child
remains eligible until the expiration of the period for which the
child was certified as eligible, excluding the period during which
the child's eligibility was suspended.
Sec. 62.107. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE
FACILITIES. (a) In this section:
(1) "Custodian" and "guardian" have the meanings
assigned by Section 51.02, Family Code.
(2) "Juvenile facility" has the meaning assigned by
Section 62.106.
(b) A juvenile facility may notify the commission on the
placement in the facility of a child who is enrolled in the child
health plan.
(c) If a juvenile facility chooses to provide the notice
described by Subsection (b), the facility shall provide the notice
electronically or by other appropriate means as soon as possible,
but not later than the 30th day, after the date of the child's
placement.
(d) A juvenile facility may notify the commission of the
release of a child who, immediately before the child's placement in
the facility, was enrolled in the child health plan.
(e) If a juvenile facility chooses to provide the notice
described by Subsection (d), the facility shall provide the notice
electronically or by other appropriate means not later than 48
hours after the child's release from the facility.
(f) If a juvenile facility chooses to provide the notice
described by Subsection (d), at the time of the child's release, the
facility shall provide the child's guardian or custodian, as
appropriate, with a written copy of the notice and a telephone
number at which the commission may be contacted regarding
confirmation of or assistance relating to reinstatement of the
child's eligibility for health benefits coverage under the child
health plan.
(g) The commission shall establish a means by which a
juvenile facility, or an employee of the facility, may determine
whether a child placed in the facility is or was, as appropriate,
enrolled in the child health plan for purposes of this section.
(h) A juvenile facility, or an employee of the facility, is
not liable in a civil action for damages resulting from a failure to
comply with this section.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Sections 32.0264 and 32.0265 to read as
follows:
Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF
ELIGIBILITY FOR CHILDREN IN JUVENILE FACILITIES. (a) In this
section, "juvenile facility" means a facility for the placement,
detention, or commitment of a child under Title 3, Family Code.
(b) To the extent allowed under federal law, if a child is
placed in a juvenile facility, the commission shall suspend the
child's eligibility for medical assistance during the period the
child is placed in the facility.
(c) Not later than 48 hours after the commission is notified
of the release from a juvenile facility of a child whose eligibility
for medical assistance has been suspended under this section, the
commission shall reinstate the child's eligibility. Following the
reinstatement, the child remains eligible until the expiration of
the period for which the child was certified as eligible, excluding
the period during which the child's eligibility was suspended.
Sec. 32.0265. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE
FACILITIES. (a) In this section:
(1) "Custodian" and "guardian" have the meanings
assigned by Section 51.02, Family Code.
(2) "Juvenile facility" has the meaning assigned by
Section 32.0264.
(b) A juvenile facility may notify the commission on the
placement in the facility of a child who is receiving medical
assistance benefits.
(c) If a juvenile facility chooses to provide the notice
described by Subsection (b), the facility shall provide the notice
electronically or by other appropriate means as soon as possible,
but not later than the 30th day, after the date of the child's
placement.
(d) A juvenile facility may notify the commission of the
release of a child who, immediately before the child's placement in
the facility, was receiving medical assistance benefits.
(e) If a juvenile facility chooses to provide the notice
described by Subsection (d), the facility shall provide the notice
electronically or by other appropriate means not later than 48
hours after the child's release from the facility.
(f) If a juvenile facility chooses to provide the notice
described by Subsection (d), at the time of the child's release, the
facility shall provide the child's guardian or custodian, as
appropriate, with a written copy of the notice and a telephone
number at which the commission may be contacted regarding
confirmation of or assistance relating to reinstatement of the
child's eligibility for medical assistance benefits.
(g) The commission shall establish a means by which a
juvenile facility, or an employee of the facility, may determine
whether a child placed in the facility is or was, as appropriate,
receiving medical assistance benefits for purposes of this section.
(h) A juvenile facility, or an employee of the facility, is
not liable in a civil action for damages resulting from a failure to
comply with this section.
SECTION 3. Sections 62.106(b) and 62.107(b), Health and
Safety Code, as added by this Act, and Sections 32.0264(b) and
32.0265(b), Human Resources Code, as added by this Act, apply to a
child whose period of placement in a juvenile facility begins on or
after the effective date of this Act, regardless of the date the
child was determined eligible for child health plan coverage under
Chapter 62, Health and Safety Code, or medical assistance under
Chapter 32, Human Resources Code.
SECTION 4. Sections 62.106(c) and 62.107(d), Health and
Safety Code, as added by this Act, and Sections 32.0264(c) and
32.0265(d), Human Resources Code, as added by this Act, apply to the
release of a child from a juvenile facility that occurs on or after
the effective date of this Act, regardless of the date the child was
initially placed in the facility.
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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 839 was passed by the House on May 8,
2015, by the following vote: Yeas 140, Nays 0, 1
present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 839 on May 29, 2015, by the following vote: Yeas 141, Nays 4, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 839 was passed by the Senate, with
amendments, on May 27, 2015, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor