SRC-CDH H.B. 446 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 446
By: Maxey (Moncrief)
Health & Human Services
5-12-97
Engrossed


DIGEST 

Currently, Rider 11(a) directs the Texas Department of Human Services to
use state funds to continue medical assistance for individuals who lose
their Medicaid benefits due to an increase in federal or private pension
benefits.  H.B. 446 instructs the Texas Department of Aging to use
existing state funds to assist individuals in setting up a trust to which
increases in federal or private pension benefits would be diverted, and
discontinues the appropriation of state funds to cover longterm
institutional care and home/community-based waiver services for
individuals who were denied Medicaid benefits due to such increases in
pensions. 

PURPOSE

As proposed, H.B. 446 provides for the establishment of trusts for certain
recipients of medical assistance. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 101B, Human Resources Code, by adding Section
101.031, as follows: 

Sec. 101.031.  TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE.
Authorizes an area agency on aging to contract with one or more private
attorneys to establish trusts described by 42 U.S.C. Section
1396p(d)(4)(B) for the benefit of recipients of medical assistance under
Chapter 32 who, without the establishment of these trusts, would become
ineligible for medical assistance.  Requires the Texas Department of Aging
to allocate available state funds to the area agencies on aging for use in
contracting for the establishment of trusts under Subsection (a).   

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.