By: Collier, et al. (Senate Sponsor - Menéndez) H.B. No. 337
(In the Senate - Received from the House May 8, 2017;
May 9, 2017, read first time and referred to Committee on Health &
Human Services; May 23, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 23, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 337 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to the continuation of certain public benefits, including
medical assistance benefits, 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 32.0266 to read as follows:
Sec. 32.0266. 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) To the extent allowed by federal law, if an individual
is confined in a county jail and the sheriff of the county has
notified the commission of the confinement under Section 351.046,
Local Government Code, the commission shall suspend or terminate,
as appropriate, the individual's eligibility for medical
assistance during the period the individual is confined in the
county jail.
(c) Not later than 48 hours after the commission is notified
under Section 351.046, Local Government Code, of the release from a
county jail of an individual whose eligibility for medical
assistance has been suspended under this section, the commission
shall reinstate the individual's eligibility, provided the
individual's eligibility certification period has not elapsed. To
the extent allowed by federal law, 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 Sections 351.046 and 351.047 to read as
follows:
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
In this section, "medical assistance benefits" means medical
assistance benefits provided under Chapter 32, Human Resources
Code.
(b) The sheriff of a county may notify the Health and Human
Services Commission on the confinement in the county jail of an
individual who is receiving medical assistance benefits.
(c) If the sheriff of a county chooses to provide the notice
described by Subsection (b), the sheriff, or an employee of the
county or sheriff, shall provide the notice electronically or by
other appropriate means as soon as possible after the 30th day after
the date of the individual's confinement.
(d) If the sheriff of a county chooses to provide the notice
described by Subsection (b), the sheriff shall 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.
(e) If the sheriff of a county provides the notices
described by Subsection (d), the sheriff, or an employee of the
county or 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.
(f) If the sheriff of a county provides the notice described
by Subsection (d)(2), at the time of the prisoner's release or
discharge, the sheriff, or an employee of the county or sheriff,
shall provide the prisoner with a written copy of the notice and a
telephone 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.
(g) 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 for purposes of this section.
(h) A county or the sheriff of a county, 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.
Sec. 351.047. ASSISTANCE WITH REINSTATEMENT OF BENEFITS.
The sheriff of a county may enter into an agreement with a third
party with experience providing reintegration resources or
services to former prisoners under which the third party assists a
person who is released or discharged from the county jail with the
reinstatement of the person's eligibility for, as appropriate:
(1) medical assistance benefits under Chapter 32,
Human Resources Code;
(2) Supplemental Security Income (SSI) benefits under
42 U.S.C. Section 1381 et seq.; and
(3) Social Security Disability Insurance (SSDI)
benefits under 42 U.S.C. Section 401 et seq.
SECTION 3. Section 32.0266(b), Human Resources Code, and
Section 351.046(b), 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 32.0266(c), Human Resources Code, and
Section 351.046(d), 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, 2017.
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