By: Zaffirini S.B. No. 1784
(In the Senate - Filed March 7, 2019; March 18, 2019, read
first time and referred to Committee on State Affairs;
April 8, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1784 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the deduction from applied income of compensation paid
to guardians of certain Medicaid recipients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1155.202(a), Estates Code, is amended to
read as follows:
(a) Notwithstanding any other provision of this title 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 deducted as an additional
personal needs allowance in the computation of the recipient's
applied income in accordance with Section 32.02451, Human Resources
Code:
(1) compensation to the guardian in an amount not to
exceed $250 [$175] per month;
(2) costs directly related to establishing or
terminating the guardianship, not to exceed $1,000 except as
provided by Subsection (b); and
(3) other administrative costs related to the
guardianship, not to exceed $1,000 during any three-year period.
SECTION 2. The changes in law made by this Act apply to a
guardianship created before, on, or after the effective date of
this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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