85R20311 EES-D     By: Collier, Anderson of McLennan H.B. No. 337     Substitute the following for H.B. No. 337:     By:  Coleman C.S.H.B. No. 337       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)  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, as soon as the commission becomes   aware of the confinement, 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.          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:                (1)  on the confinement in the county jail of an   individual who is receiving medical assistance benefits; and                (2)  on the conviction of a prisoner who, immediately   before the prisoner's confinement in the county jail, was receiving   medical assistance benefits.          (c)  If the sheriff of a county chooses to provide the   notices described by Subsection (b), the sheriff, or an employee of   the county or sheriff, shall provide the notices electronically or   by other appropriate means as soon as possible after the 30th day   after the date of the individual's confinement or prisoner's   conviction, as applicable.          (d)  If the sheriff of a county chooses to provide the   notices 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 notices   described by Subsection (d), 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 each applicable   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.  Sections 32.0266(b) and (c), 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(d), 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.