Bill Text: TX HB839 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB839 Detail]
Download: Texas-2015-HB839-Comm_Sub.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB839 Detail]
Download: Texas-2015-HB839-Comm_Sub.html
By: Naishtat, Collier (Senate Sponsor - Rodríguez) | H.B. No. 839 | |
(In the Senate - Received from the House May 11, 2015; | ||
May 13, 2015, read first time and referred to Committee on Health | ||
and Human Services; May 22, 2015, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 7, | ||
Nays 1; May 22, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 839 | By: Rodríguez |
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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. | ||
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