1-1 AN ACT
1-2 relating to certain Medicaid costs incurred in relation to Medicaid
1-3 recipients who are residents of long-term care facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.024(v), Human Resources Code, as added
1-6 by Chapter 1333, Acts of the 76th Legislature, Regular Session,
1-7 1999, is amended to read as follows:
1-8 (v) The department shall set a [is authorized to increase
1-9 the] personal needs allowance of not less than $60 [above the
1-10 minimum of $30] a month[, subject to the availability of funds,]
1-11 for a resident of a convalescent or nursing home or related
1-12 institution licensed under Chapter 242, Health and Safety Code,
1-13 personal care facility, ICF-MR facility, or other similar long-term
1-14 care facility who receives medical assistance. The department may
1-15 send the personal needs allowance directly to a resident who
1-16 receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381
1-17 et seq.). This subsection does not apply to a resident who is
1-18 participating in a medical assistance waiver program administered
1-19 by the department.
1-20 SECTION 2. Section 32.021, Human Resources Code, is amended
1-21 by adding Subsection (p) to read as follows:
1-22 (p) In order to increase the personal needs allowance under
1-23 Section 32.024(v), as added by Chapter 1333, Acts of the 76th
1-24 Legislature, Regular Session, 1999, the department shall develop an
2-1 early warning system to detect fraud in the handling of the
2-2 personal needs allowance and other funds of residents of long-term
2-3 care facilities.
2-4 SECTION 3. Section 32.028, Human Resources Code, is amended
2-5 by adding Subsection (h) to read as follows:
2-6 (h) The Health and Human Services Commission shall ensure
2-7 that the rules governing the determination of rates paid for
2-8 nursing home services provide for the rate component derived from
2-9 reported liability insurance costs to be paid only to those homes
2-10 that purchase liability insurance acceptable to the commission.
2-11 SECTION 4. This Act takes effect September 1, 2001, and
2-12 applies only to a personal needs allowance paid on or after that
2-13 date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 154 was passed by the House on May 8,
2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 154 on May 23, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 154 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 154 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 154 on May 27, 2001, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor