84R172 EES-D
By: Menéndez S.B. No. 1777
A BILL TO BE ENTITLED
AN ACT
relating to 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, TERMINATION, 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) If an individual is confined in a county jail because
the individual has been charged with but not convicted of an
offense, the department shall suspend the individual's eligibility
for medical assistance during the period the individual is confined
in the county jail.
(c) If an individual is confined in a county jail because
the individual has been convicted of an offense, the department
shall, as appropriate:
(1) terminate the individual's eligibility for medical
assistance; or
(2) suspend the individual's eligibility during the
period the individual is confined in the county jail.
(d) Not later than 48 hours after the department is notified
of the release from a county jail of an individual whose eligibility
for medical assistance has been suspended under this section, the
department shall reinstate the individual's eligibility, 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 351.046 to read as follows:
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
The sheriff of a county may notify the Health and Human Services
Commission:
(1) on the confinement in the county jail of an
individual who is receiving medical assistance benefits under
Chapter 32, Human Resources Code; and
(2) on the conviction of a prisoner who, immediately
before the prisoner's confinement in the county jail, was receiving
medical assistance benefits.
(b) If the sheriff of a county chooses to provide the
notices described by Subsection (a), the sheriff shall provide the
notices electronically or by other appropriate means as soon as
possible and not later than the 30th day after the date of the
individual's confinement or prisoner's conviction, as applicable.
(c) The sheriff of a county may 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.
(d) If the sheriff of a county chooses to provide the
notices described by Subsection (c), the sheriff shall provide the
notices electronically or by other appropriate means not later than
48 hours after the prisoner's release or discharge from custody.
(e) If the sheriff of a county chooses to provide the
notices described by Subsection (c), at the time of the prisoner's
release or discharge, the sheriff shall provide the prisoner with a
written copy of each applicable notice and a phone number at which
the prisoner may contact the Health and Human Services Commission
regarding confirmation of or assistance relating to reinstatement
of the individual's eligibility for medical assistance benefits, if
applicable.
(f) The Health and Human Services Commission shall
establish a means by which the sheriff of a county, or an employee
of the county or sheriff, may determine whether an individual
confined in the county jail is or was, as appropriate, receiving
medical assistance benefits under Chapter 32, Human Resources Code,
for purposes of this section.
(g) 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. Sections 32.0264(a)-(c), Human Resources Code,
and Section 351.046(a), Local Government Code, as added by this
Act, apply 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 32.0264(d), Human Resources Code, and
Section 351.046(c), Local Government Code, as added by this Act,
apply 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, 2015.