Texas 2009 - 81st Regular

Texas Senate Bill SB2435 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2435
2	2
3	3
4	4	AN ACT
5	5	relating to medical assistance program reimbursement for
6	6	guardianship expenses of certain recipients.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
9	9	is amended by adding Section 32.02451 to read as follows:
10	10	Sec. 32.02451. REIMBURSEMENT FOR GUARDIANSHIP EXPENSES OF
11	11	CERTAIN RECIPIENTS. To the extent allowed by federal law, the
12	12	department shall provide medical assistance reimbursement for
13	13	compensation and costs ordered under Section 670, Texas Probate
14	14	Code, in a guardianship established for a medical assistance
15	15	recipient. The executive commissioner of the Health and Human
16	16	Services Commission shall adopt rules providing a procedure by
17	17	which a person to whom amounts are ordered paid under that section
18	18	may submit a claim to and receive reimbursement from the medical
19	19	assistance program.
20	20	SECTION 2. Subpart H, Part 2, Chapter XIII, Texas Probate
21	21	Code, is amended by adding Section 670 to read as follows:
22	22	Sec. 670. COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER
23	23	GUARDIANSHIP COSTS. (a) In this section:
24	24	(1) "Applied income" means the portion of the earned
25	25	and unearned income of a recipient of medical assistance or, if
26	26	applicable, the recipient and the recipient's spouse, that is paid
27	27	under the medical assistance program to a nursing home in which the
28	28	recipient resides.
29	29	(2) "Medical assistance" has the meaning assigned by
30	30	Section 32.003, Human Resources Code.
31	31	(b) Notwithstanding any other provision of this chapter and
32	32	to the extent permitted by federal law, a court that appoints a
33	33	guardian for a recipient of medical assistance who has applied
34	34	income may order the following to be paid under the medical
35	35	assistance program:
36	36	(1) compensation to the guardian in an amount not to
37	37	exceed $175 per month;
38	38	(2) costs directly related to establishing or
39	39	terminating the guardianship, not to exceed $1,000 except as
40	40	provided by Subsection (c) of this section; and
41	41	(3) other administrative costs related to the
42	42	guardianship, not to exceed $1,000 during any three-year period.
43	43	(c) Costs ordered to be paid under Subsection (b)(2) of this
44	44	section may include compensation and expenses for an attorney ad
45	45	litem or guardian ad litem and reasonable attorney's fees for an
46	46	attorney representing the guardian. The costs ordered to be paid
47	47	may exceed $1,000 if the costs in excess of that amount are
48	48	supported by documentation acceptable to the court and the costs
49	49	are approved by the court.
50	50	SECTION 3. The changes in law made by this Act apply to a
51	51	guardianship created before, on, or after the effective date of
52	52	this Act.
53	53	SECTION 4. If before implementing any provision of this Act
54	54	a state agency determines that a waiver or authorization from a
55	55	federal agency is necessary for implementation of that provision,
56	56	the agency affected by the provision shall request the waiver or
57	57	authorization and may delay implementing that provision until the
58	58	waiver or authorization is granted.
59	59	SECTION 5. This Act takes effect September 1, 2009.
60	60	______________________________ ______________________________
61	61	President of the Senate Speaker of the House
62	62	I hereby certify that S.B. No. 2435 passed the Senate on
63	63	May 5, 2009, by the following vote: Yeas 31, Nays 0.
64	64	______________________________
65	65	Secretary of the Senate
66	66	I hereby certify that S.B. No. 2435 passed the House on
67	67	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
68	68	present not voting.
69	69	______________________________
70	70	Chief Clerk of the House
71	71	Approved:
72	72	______________________________
73	73	Date
74	74	______________________________
75	75	Governor