LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 13, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB584 by Van de Putte (Relating to notification to a patient of a state-operated mental health facility or resident of a residential care facility of the exemption of certain trusts from liability to pay for support.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend Chapters 576 and 592 of the Health and Safety Code to establish notification of trust exemption as a right for a person with mental illness who is admitted to an inpatient mental health facility and a person with a developmental disability who is admitted to a residential care facility. The bill would require the facility to provide the patient or resident and if applicable, parent or guardian, with written and oral notice in the persons primary language that a trust that qualifies under Sections 552.018 or 593.081 of the Health and Safety Code with a corpus up to $250,000 is not liable for the patients support but that additional principal and income from the portion of a trust exceeding $250,000 is liable for support. The Department of State Health Services and the Department of Aging and Disability Services indicate they will be able to absorb costs associated with the bill within existing resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies:537 State Health Services, Department of, 539 Aging and Disability Services, Department of LBB Staff: JOB, CL, JI, LL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 13, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB584 by Van de Putte (Relating to notification to a patient of a state-operated mental health facility or resident of a residential care facility of the exemption of certain trusts from liability to pay for support.), Committee Report 1st House, Substituted TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB584 by Van de Putte (Relating to notification to a patient of a state-operated mental health facility or resident of a residential care facility of the exemption of certain trusts from liability to pay for support.), Committee Report 1st House, Substituted Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB584 by Van de Putte (Relating to notification to a patient of a state-operated mental health facility or resident of a residential care facility of the exemption of certain trusts from liability to pay for support.), Committee Report 1st House, Substituted SB584 by Van de Putte (Relating to notification to a patient of a state-operated mental health facility or resident of a residential care facility of the exemption of certain trusts from liability to pay for support.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend Chapters 576 and 592 of the Health and Safety Code to establish notification of trust exemption as a right for a person with mental illness who is admitted to an inpatient mental health facility and a person with a developmental disability who is admitted to a residential care facility. The bill would require the facility to provide the patient or resident and if applicable, parent or guardian, with written and oral notice in the persons primary language that a trust that qualifies under Sections 552.018 or 593.081 of the Health and Safety Code with a corpus up to $250,000 is not liable for the patients support but that additional principal and income from the portion of a trust exceeding $250,000 is liable for support. The Department of State Health Services and the Department of Aging and Disability Services indicate they will be able to absorb costs associated with the bill within existing resources. The bill would amend Chapters 576 and 592 of the Health and Safety Code to establish notification of trust exemption as a right for a person with mental illness who is admitted to an inpatient mental health facility and a person with a developmental disability who is admitted to a residential care facility. The bill would require the facility to provide the patient or resident and if applicable, parent or guardian, with written and oral notice in the persons primary language that a trust that qualifies under Sections 552.018 or 593.081 of the Health and Safety Code with a corpus up to $250,000 is not liable for the patients support but that additional principal and income from the portion of a trust exceeding $250,000 is liable for support. The Department of State Health Services and the Department of Aging and Disability Services indicate they will be able to absorb costs associated with the bill within existing resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 537 State Health Services, Department of, 539 Aging and Disability Services, Department of 537 State Health Services, Department of, 539 Aging and Disability Services, Department of LBB Staff: JOB, CL, JI, LL JOB, CL, JI, LL