| 1 | 1 | | H.B. No. 54 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the personal needs allowance for certain Medicaid |
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| 6 | 6 | | recipients who are residents of long-term care facilities. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 32.024(w), Human Resources Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (w) The executive commissioner shall set a personal needs |
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| 11 | 11 | | allowance of not less than $75 [$60] a month for a resident of a |
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| 12 | 12 | | convalescent or nursing facility or related institution licensed |
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| 13 | 13 | | under Chapter 242, Health and Safety Code, assisted living |
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| 14 | 14 | | facility, ICF-IID facility, or other similar long-term care |
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| 15 | 15 | | facility who receives medical assistance. The commission may send |
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| 16 | 16 | | the personal needs allowance directly to a resident who receives |
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| 17 | 17 | | Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et |
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| 18 | 18 | | seq.). This subsection does not apply to a resident who is |
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| 19 | 19 | | participating in a medical assistance waiver program administered |
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| 20 | 20 | | by the commission. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act to Section |
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| 22 | 22 | | 32.024(w), Human Resources Code, applies only to a personal needs |
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| 23 | 23 | | allowance paid on or after the effective date of this Act. |
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| 24 | 24 | | SECTION 3. If before implementing any provision of this Act |
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| 25 | 25 | | a state agency determines that a waiver or authorization from a |
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| 26 | 26 | | federal agency is necessary for implementation of that provision, |
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| 27 | 27 | | the agency affected by the provision shall request the waiver or |
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| 28 | 28 | | authorization and may delay implementing that provision until the |
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| 29 | 29 | | waiver or authorization is granted. |
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| 30 | 30 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I certify that H.B. No. 54 was passed by the House on April |
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| 34 | 34 | | 18, 2023, by the following vote: Yeas 117, Nays 29, 1 present, not |
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| 35 | 35 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 36 | 36 | | No. 54 on May 24, 2023, by the following vote: Yeas 126, Nays 15, 2 |
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| 37 | 37 | | present, not voting. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Chief Clerk of the House |
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| 40 | 40 | | I certify that H.B. No. 54 was passed by the Senate, with |
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| 41 | 41 | | amendments, on May 18, 2023, by the following vote: Yeas 26, Nays |
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| 42 | 42 | | 5. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | APPROVED: __________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | __________________ |
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| 48 | 48 | | Governor |
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