82R7293 ALB-D
By: Gonzalez H.B. No. 1947
A BILL TO BE ENTITLED
AN ACT
relating to the personal needs allowance for certain Medicaid
recipients who are residents of long-term care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.024, Human Resources Code, is amended
by amending Subsection (w) and adding Subsection (w-1) to read as
follows:
(w) The department shall set a personal needs allowance of
not less than the greater of $60 a month or the amount described in
Subsection (w-1) for a resident of a convalescent or nursing home or
related institution licensed under Chapter 242, Health and Safety
Code, personal care facility, ICF-MR facility, or other similar
long-term care facility who receives medical assistance. The
department may send the personal needs allowance directly to a
resident who receives Supplemental Security Income (SSI) (42 U.S.C.
Section 1381 et seq.). This subsection does not apply to a resident
who is participating in a medical assistance waiver program
administered by the department.
(w-1) On September 1 of each even-numbered year, the
department shall adjust the amount of the personal needs allowance
in effect on that date by a percentage representing the most recent
annual change in the Consumer Price Index for All Urban Consumers
for all items and for all regions of the United States combined, as
determined by the United States Department of Labor, Bureau of
Labor Statistics. The adjusted amount applies with respect to a
personal needs allowance paid on or after the date the adjustment
computation is made.
SECTION 2. The Health and Human Services Commission shall
make the initial adjustment to the amount of the personal needs
allowance required by Section 32.024(w-1), Human Resources Code, as
added by this Act, on September 1, 2012.
SECTION 3. 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 4. This Act takes effect September 1, 2011.