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  H.B. No. 839
 
 
 
 
AN ACT
  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 839 was passed by the House on May 8,
  2015, by the following vote:  Yeas 140, Nays 0, 1
  present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 839 on May 29, 2015, by the following vote:  Yeas 141, Nays 4, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 839 was passed by the Senate, with
  amendments, on May 27, 2015, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor