By Chavez                                              H.B. No. 717
         77R1783 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the personal needs allowance for certain 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 $45 [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     set the personal needs allowance in an amount that is more than $45
1-16     a month, subject to the availability of funds.  The department may
1-17     send the personal needs allowance directly to a resident who
1-18     receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381
1-19     et seq.). This subsection does not apply to a resident who is
1-20     participating in a medical assistance waiver program administered
1-21     by the department.
1-22           SECTION 2.  This Act takes effect September 1, 2001, and
1-23     applies only to a personal needs allowance paid on or after that
1-24     date.