87R12476 KKR-D
By: Bucy H.B. No. 4310
A BILL TO BE ENTITLED
AN ACT
relating to establishing a nutritional support grant program for
certain medically fragile children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Human Resources Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. NUTRITIONAL SUPPORT GRANT PROGRAM FOR CERTAIN
MEDICALLY FRAGILE CHILDREN
Sec. 33.101. DEFINITIONS. In this subchapter:
(1) "Grant program" means the nutritional support
grant program for medically fragile children established under this
subchapter.
(2) "Medically fragile child" means a person younger
than 18 years of age who is:
(A) chronically ill or disabled and requires
indefinite skilled nursing care to maintain the person's existence
in the person's home;
(B) temporarily ill or disabled because of
premature birth, accident, or trauma and has experienced a
temporary lifestyle change requiring skilled nursing care;
(C) suffering from uncontrollable seizures or
other chronic illness; or
(D) chronically dependent on medical devices to
perform vital bodily functions.
Sec. 33.102. ESTABLISHMENT OF GRANT PROGRAM. The executive
commissioner by rule shall develop and implement a grant program to
provide financial assistance to the families of medically fragile
children who have been diagnosed with a rare or unique disease or
medical condition for the purpose of assisting families in paying
the costs associated with providing specialized nutritional
support for that child.
Sec. 33.103. ELIGIBILITY. (a) The executive commissioner
by rule shall establish eligibility criteria for awarding grants
under the grant program. The criteria must provide that for a person
to be eligible for a grant, the person must:
(1) be the parent and primary caregiver of a medically
fragile child with a rare or unique disease or medical condition
that requires specialized nutritional support, including enteral
nutrition; and
(2) lack or have inadequate health benefit plan
coverage to pay the costs associated with providing that support.
(b) The executive commissioner by rule shall identify the
diagnoses considered rare and unique for purposes of Subsection
(a)(1).
(c) The executive commissioner may not impose income
eligibility requirements under the grant program.
Sec. 33.104. AWARD OF GRANTS. (a) The commission may
approve grants according to commission rules.
(b) A grant awarded under this subchapter is governed by
Chapter 783, Government Code, and rules adopted under that chapter.
Sec. 33.105. FUNDING. The commission shall award grants as
provided by this subchapter from available money and any additional
money appropriated for this purpose.
Sec. 33.106. GIFTS, GRANTS, AND DONATIONS. The commission
may accept gifts, grants, and donations from any source that are
made for the purposes of the grant program.
SECTION 2. Not later than January 1, 2022, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement Subchapter C, Chapter 33, Human
Resources Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2021.