Texas 2009 - 81st Regular

Texas House Bill HB4562 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R11358 KLA-F
2	2	By: Naishtat H.B. No. 4562
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to medical assistance program reimbursement for
8	8	guardianship expenses of certain recipients.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
11	11	is amended by adding Section 32.02451 to read as follows:
12	12	Sec. 32.02451. REIMBURSEMENT FOR GUARDIANSHIP EXPENSES OF
13	13	CERTAIN RECIPIENTS. To the extent allowed by federal law, the
14	14	department shall provide medical assistance reimbursement for
15	15	compensation and costs ordered under Section 670, Texas Probate
16	16	Code, in a guardianship established for a medical assistance
17	17	recipient. The executive commissioner of the Health and Human
18	18	Services Commission shall adopt rules providing a procedure by
19	19	which a person to whom amounts are ordered paid under that section
20	20	may submit a claim to and receive reimbursement from the medical
21	21	assistance program.
22	22	SECTION 2. Subpart H, Part 2, Chapter XIII, Texas Probate
23	23	Code, is amended by adding Section 670 to read as follows:
24	24	Sec. 670. COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER
25	25	GUARDIANSHIP COSTS. (a) In this section:
26	26	(1) "Applied income" means the portion of the earned
27	27	and unearned income of a recipient of medical assistance or, if
28	28	applicable, the recipient and the recipient's spouse, that is paid
29	29	under the medical assistance program to a nursing home in which the
30	30	recipient resides.
31	31	(2) "Medical assistance" has the meaning assigned by
32	32	Section 32.003, Human Resources Code.
33	33	(b) Notwithstanding any other provision of this chapter and
34	34	to the extent permitted by federal law, a court that appoints a
35	35	guardian for a recipient of medical assistance who has applied
36	36	income may order the following to be paid under the medical
37	37	assistance program:
38	38	(1) compensation to the guardian in an amount not to
39	39	exceed $175 per month;
40	40	(2) costs directly related to establishing or
41	41	terminating the guardianship, not to exceed $1,000 except as
42	42	provided by Subsection (c) of this section; and
43	43	(3) other administrative costs related to the
44	44	guardianship, not to exceed $1,000 during any three-year period.
45	45	(c) Costs ordered to be paid under Subsection (b)(2) of this
46	46	section may include compensation and expenses for an attorney ad
47	47	litem or guardian ad litem and reasonable attorney's fees for an
48	48	attorney representing the guardian. The costs ordered to be paid
49	49	may exceed $1,000 if the costs in excess of that amount are
50	50	supported by documentation acceptable to the court and the costs
51	51	are approved by the court.
52	52	SECTION 3. The changes in law made by this Act apply to a
53	53	guardianship created before, on, or after the effective date of
54	54	this Act.
55	55	SECTION 4. If before implementing any provision of this Act
56	56	a state agency determines that a waiver or authorization from a
57	57	federal agency is necessary for implementation of that provision,
58	58	the agency affected by the provision shall request the waiver or
59	59	authorization and may delay implementing that provision until the
60	60	waiver or authorization is granted.
61	61	SECTION 5. This Act takes effect September 1, 2009.