H.B. No. 337         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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 337 was passed by the House on May 6,   2017, by the following vote:  Yeas 133, Nays 11, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 337 on May 26, 2017, by the following vote:  Yeas 118, Nays 22,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 337 was passed by the Senate, with   amendments, on May 24, 2017, by the following vote:  Yeas 30, Nays   1.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor