HBA-TYH H.B. 314 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 314
By: Chavez
Human Services
1/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Medicaid residents in nursing homes are allotted $30 a month for
all personal needs.  This amount has not been increased since 1983.  H.B.
314 sets the personal needs allowance for Medicaid residents in nursing
homes at $40 a month.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.024, Human Resources Code, by adding
Subsection (v), as follows: 

(v)  Requires the Health and  Human Services (HHSC) to set a personal needs
allowance of at least $40 per month for a person who receives medical
assistance and is a resident of a convalescent or nursing home or related
institution licensed under Chapter 242, Health and Safety Code
(Convalescent and Nursing Homes and Related Institutions), personal care
facility, ICF-MR facility, or other similar long-term care facility.
("ICF-MR" means the medical assistance program serving persons with mental
retardation who receive care in intermediate care facilities).  Authorizes
HHSC to send the personal needs allowance directly to a resident who
receives Supplemental Security Income (42 U.S.C. Section 1381 et seq.).
Provides that this subsection does not apply to a resident who is
participating in a medical assistance waiver program administered by HHSC. 

SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 3.  Emergency clause.