S.B. No. 2435
AN ACT
relating to medical assistance program reimbursement for
guardianship expenses of certain recipients.
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 32.02451 to read as follows:
Sec. 32.02451. REIMBURSEMENT FOR GUARDIANSHIP EXPENSES OF
CERTAIN RECIPIENTS. To the extent allowed by federal law, the
department shall provide medical assistance reimbursement for
compensation and costs ordered under Section 670, Texas Probate
Code, in a guardianship established for a medical assistance
recipient. The executive commissioner of the Health and Human
Services Commission shall adopt rules providing a procedure by
which a person to whom amounts are ordered paid under that section
may submit a claim to and receive reimbursement from the medical
assistance program.
SECTION 2. Subpart H, Part 2, Chapter XIII, Texas Probate
Code, is amended by adding Section 670 to read as follows:
Sec. 670. COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER
GUARDIANSHIP COSTS. (a) In this section:
(1) "Applied income" means the portion of the earned
and unearned income of a recipient of medical assistance or, if
applicable, the recipient and the recipient's spouse, that is paid
under the medical assistance program to a nursing home in which the
recipient resides.
(2) "Medical assistance" has the meaning assigned by
Section 32.003, Human Resources Code.
(b) Notwithstanding any other provision of this chapter and
to the extent permitted by federal law, a court that appoints a
guardian for a recipient of medical assistance who has applied
income may order the following to be paid under the medical
assistance program:
(1) compensation to the guardian in an amount not to
exceed $175 per month;
(2) costs directly related to establishing or
terminating the guardianship, not to exceed $1,000 except as
provided by Subsection (c) of this section; and
(3) other administrative costs related to the
guardianship, not to exceed $1,000 during any three-year period.
(c) Costs ordered to be paid under Subsection (b)(2) of this
section may include compensation and expenses for an attorney ad
litem or guardian ad litem and reasonable attorney's fees for an
attorney representing the guardian. The costs ordered to be paid
may exceed $1,000 if the costs in excess of that amount are
supported by documentation acceptable to the court and the costs
are approved by the court.
SECTION 3. The changes in law made by this Act apply to a
guardianship created before, on, or after the effective date of
this Act.
SECTION 4. 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 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2435 passed the Senate on
May 5, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2435 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor