Texas Senate Bill SB2435

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/23/09
• Voted on by Senate: 5/5/09
• Out of House Committee: 5/22/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to medical assistance program reimbursement for guardianship expenses of certain recipients.

Impact

The bill outlines that compensation for guardians can be capped at $175 per month, while other related costs for establishing or terminating guardianship may not exceed $1,000. Additional costs could include attorney's fees, which might exceed this cap with proper documentation and court approval. This legislative change is significant as it provides essential financial support for guardians, enhancing the ability of low-income individuals to access necessary guardianship services without undue financial burden.

Summary

SB2435 aims to amend the Texas Human Resources Code and Probate Code to allow for the reimbursement of guardianship expenses related to medical assistance recipients. Specifically, it introduces a framework for guardianship costs and compensation that can be covered under the medical assistance program. This bill seeks to ensure that individuals who act as guardians for recipients receiving medical assistance can claim reimbursement for specific expenses incurred during the guardianship process.

Contention

While the bill presents a structure for reimbursement, there are potential contentions regarding the limits imposed on the compensation for guardians. Some stakeholders may argue that the maximum allowable compensation may be insufficient given the responsibilities involved in guardianship roles. Moreover, the requirement for court approval for any expenses exceeding $1,000 could lead to administrative challenges and delays in accessing the needed funds for guardianship-related costs. These elements may also lead to further discussions around the adequacy of funding for guardianship services under the state’s medical assistance program.