88R16246 MM-F
By: Thompson of Harris, Lalani, Davis, Rose, H.B. No. 54
Morales of Harris, et al.
Substitute the following for H.B. No. 54:
By: Frank C.S.H.B. No. 54
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) Subject to Section 32.02411, the [The] executive
commissioner shall set a personal needs allowance of not less than
$85 [$60] a month for a resident of a convalescent or nursing
facility or related institution licensed under Chapter 242, Health
and Safety Code, assisted living facility, ICF-IID facility, or
other similar long-term care facility who receives medical
assistance. The commission 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 commission.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02411 to read as follows:
Sec. 32.02411. BIENNIAL INFLATION ADJUSTMENT OF PERSONAL
NEEDS ALLOWANCE. (a) Subject to Subsection (b), on January 1 of
each odd-numbered year, the executive commissioner shall adjust for
inflation the amount of the personal needs allowance set under
Section 32.024(w).
(b) Not later than November 1 of each even-numbered year,
the executive commissioner shall by rule adjust the amount of the
personal needs allowance under Section 32.024(w) for the following
biennium that begins on January 1 to reflect the percentage
increase, if any, in the Consumer Price Index for Urban Wage Earners
and Clerical Workers (CPI-W) published by the Bureau of Labor
Statistics of the United States Department of Labor or its
successor index during the most recent 24-month period ending in
August.
SECTION 3. 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 4. 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 5. This Act takes effect September 1, 2023.