| 1 | 1 | | 87R649 MM-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 270 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the personal needs allowance for certain Medicaid |
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| 8 | 8 | | recipients who are residents of long-term care facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 32.024(w), Human Resources Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (w) The executive commissioner shall set a personal needs |
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| 13 | 13 | | allowance of not less than $75 [$60] a month for a resident of a |
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| 14 | 14 | | convalescent or nursing facility or related institution licensed |
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| 15 | 15 | | under Chapter 242, Health and Safety Code, assisted living |
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| 16 | 16 | | facility, ICF-IID facility, or other similar long-term care |
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| 17 | 17 | | facility who receives medical assistance. The commission may send |
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| 18 | 18 | | the personal needs allowance directly to a resident who receives |
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| 19 | 19 | | Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et |
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| 20 | 20 | | seq.). This subsection does not apply to a resident who is |
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| 21 | 21 | | participating in a medical assistance waiver program administered |
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| 22 | 22 | | by the commission. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act to Section |
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| 24 | 24 | | 32.024(w), Human Resources Code, applies only to a personal needs |
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| 25 | 25 | | allowance paid on or after the effective date of this Act. |
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| 26 | 26 | | SECTION 3. If before implementing any provision of this Act |
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| 27 | 27 | | a state agency determines that a waiver or authorization from a |
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| 28 | 28 | | federal agency is necessary for implementation of that provision, |
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| 29 | 29 | | the agency affected by the provision shall request the waiver or |
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| 30 | 30 | | authorization and may delay implementing that provision until the |
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| 31 | 31 | | waiver or authorization is granted. |
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| 32 | 32 | | SECTION 4. This Act takes effect September 1, 2021. |
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