Texas 2015 - 84th Regular

Texas Senate Bill SB1777 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R172 EES-D
2	2	By: Menéndez S.B. No. 1777
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation of certain public benefits, including
8	8	medical assistance, for individuals after release from confinement
9	9	in a county jail.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
12	12	is amended by adding Section 32.0264 to read as follows:
13	13	Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC
14	14	REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY
15	15	JAILS. (a) In this section, "county jail" means a facility
16	16	operated by or for a county for the confinement of persons accused
17	17	or convicted of an offense.
18	18	(b) If an individual is confined in a county jail because
19	19	the individual has been charged with but not convicted of an
20	20	offense, the department shall suspend the individual's eligibility
21	21	for medical assistance during the period the individual is confined
22	22	in the county jail.
23	23	(c) If an individual is confined in a county jail because
24	24	the individual has been convicted of an offense, the department
25	25	shall, as appropriate:
26	26	(1) terminate the individual's eligibility for medical
27	27	assistance; or
28	28	(2) suspend the individual's eligibility during the
29	29	period the individual is confined in the county jail.
30	30	(d) Not later than 48 hours after the department is notified
31	31	of the release from a county jail of an individual whose eligibility
32	32	for medical assistance has been suspended under this section, the
33	33	department shall reinstate the individual's eligibility, provided
34	34	the individual's eligibility certification period has not elapsed.
35	35	Following the reinstatement, the individual remains eligible until
36	36	the expiration of the period for which the individual was certified
37	37	as eligible.
38	38	SECTION 2. Subchapter C, Chapter 351, Local Government
39	39	Code, is amended by adding Section 351.046 to read as follows:
40	40	Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
41	41	The sheriff of a county may notify the Health and Human Services
42	42	Commission:
43	43	(1) on the confinement in the county jail of an
44	44	individual who is receiving medical assistance benefits under
45	45	Chapter 32, Human Resources Code; and
46	46	(2) on the conviction of a prisoner who, immediately
47	47	before the prisoner's confinement in the county jail, was receiving
48	48	medical assistance benefits.
49	49	(b) If the sheriff of a county chooses to provide the
50	50	notices described by Subsection (a), the sheriff shall provide the
51	51	notices electronically or by other appropriate means as soon as
52	52	possible and not later than the 30th day after the date of the
53	53	individual's confinement or prisoner's conviction, as applicable.
54	54	(c) The sheriff of a county may notify:
55	55	(1) the United States Social Security Administration
56	56	of the release or discharge of a prisoner who, immediately before
57	57	the prisoner's confinement in the county jail, was receiving:
58	58	(A) Supplemental Security Income (SSI) benefits
59	59	under 42 U.S.C. Section 1381 et seq.; or
60	60	(B) Social Security Disability Insurance (SSDI)
61	61	benefits under 42 U.S.C. Section 401 et seq.; and
62	62	(2) the Health and Human Services Commission of the
63	63	release or discharge of a prisoner who, immediately before the
64	64	prisoner's confinement in the county jail, was receiving medical
65	65	assistance benefits.
66	66	(d) If the sheriff of a county chooses to provide the
67	67	notices described by Subsection (c), the sheriff shall provide the
68	68	notices electronically or by other appropriate means not later than
69	69	48 hours after the prisoner's release or discharge from custody.
70	70	(e) If the sheriff of a county chooses to provide the
71	71	notices described by Subsection (c), at the time of the prisoner's
72	72	release or discharge, the sheriff shall provide the prisoner with a
73	73	written copy of each applicable notice and a phone number at which
74	74	the prisoner may contact the Health and Human Services Commission
75	75	regarding confirmation of or assistance relating to reinstatement
76	76	of the individual's eligibility for medical assistance benefits, if
77	77	applicable.
78	78	(f) The Health and Human Services Commission shall
79	79	establish a means by which the sheriff of a county, or an employee
80	80	of the county or sheriff, may determine whether an individual
81	81	confined in the county jail is or was, as appropriate, receiving
82	82	medical assistance benefits under Chapter 32, Human Resources Code,
83	83	for purposes of this section.
84	84	(g) The county or sheriff, or an employee of the county or
85	85	sheriff, is not liable in a civil action for damages resulting from
86	86	a failure to comply with this section.
87	87	SECTION 3. Sections 32.0264(a)-(c), Human Resources Code,
88	88	and Section 351.046(a), Local Government Code, as added by this
89	89	Act, apply to an individual whose period of confinement in a county
90	90	jail begins on or after the effective date of this Act, regardless
91	91	of the date the individual was determined eligible for medical
92	92	assistance under Chapter 32, Human Resources Code.
93	93	SECTION 4. Section 32.0264(d), Human Resources Code, and
94	94	Section 351.046(c), Local Government Code, as added by this Act,
95	95	apply to the release or discharge of a prisoner from a county jail
96	96	that occurs on or after the effective date of this Act, regardless
97	97	of the date the prisoner was initially confined in the county jail.
98	98	SECTION 5. If before implementing any provision of this Act
99	99	a state agency determines that a waiver or authorization from a
100	100	federal agency is necessary for implementation of that provision,
101	101	the agency affected by the provision shall request the waiver or
102	102	authorization and may delay implementing that provision until the
103	103	waiver or authorization is granted.
104	104	SECTION 6. This Act takes effect September 1, 2015.