82R840 SJM-D
By: Davis S.B. No. 278
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(w), Human Resources Code, is
amended to read as follows:
(w) The department shall set a personal needs allowance of
not less than $75 [$60] a month 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.
SECTION 2. The change in law made by this Act to Section
32.024(w), Human Resources Code, applies only to a personal needs
allowance paid on or after the effective date of this Act.
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.