1-1     By:  Maxey (Senate Sponsor - Moncrief)                 H.B. No. 446

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 16, 1997, reported favorably by the

 1-5     following vote:  Yeas 10, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the establishment of trusts for certain recipients of

 1-9     medical assistance.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter B, Chapter 101, Human Resources Code,

1-12     is amended by adding Section 101.031 to read as follows:

1-13           Sec. 101.031.  TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL

1-14     ASSISTANCE.  (a)  An area agency on aging may contract with one or

1-15     more private attorneys to establish trusts described by 42 U.S.C.

1-16     Section 1396p(d)(4)(B) for the benefit of recipients of medical

1-17     assistance under Chapter 32 who, without the establishment of these

1-18     trusts, would become ineligible for medical assistance.

1-19           (b)  The department shall allocate available state funds to

1-20     the area agencies on aging for use in contracting for the

1-21     establishment of trusts under Subsection (a).

1-22           SECTION 2.  This Act takes effect September 1, 1997.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

1-25     emergency and an imperative public necessity that the

1-26     constitutional rule requiring bills to be read on three several

1-27     days in each house be suspended, and this rule is hereby suspended.

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