Bill Text: TX SB235 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the continuation of certain public benefits, including medical assistance, for individuals after release from confinement in a county jail.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-02-27 - Co-author authorized [SB235 Detail]

Download: Texas-2017-SB235-Introduced.html
  85R2503 EES-D
 
  By: Menéndez S.B. No. 235
 
 
 
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 Sections 32.02641 and 32.02651 to read as
  follows:
         Sec. 32.02641.  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 commission 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 commission
  shall as soon as the commission becomes aware of the conviction, 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 commission is notified
  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.
  Following the reinstatement, the individual remains eligible until
  the expiration of the period for which the individual was certified
  as eligible.
         Sec. 32.02651.  ASSISTING CERTAIN COUNTY OFFICIALS WITH
  DETERMINING WHETHER INDIVIDUALS CONFINED IN COUNTY JAILS ARE
  RECIPIENTS. (a)  In this section, "county jail" has the meaning
  assigned by Section 32.02641.
         (b)  The commission shall establish a means by which the
  sheriff of a county for purposes of Section 351.046, Local
  Government Code, 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.
         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)
  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 telephone number by
  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 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.
         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.  Sections 32.02641(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 32.02641(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, 2017.
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