78S10022 KKA-D

By:  Thompson                                                     H.B. No. 92 



A BILL TO BE ENTITLED

AN ACT

relating to the personal needs allowance for nursing home residents 
under the Medicaid program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Effective September 1, 2003, Section 32.024(w), 
Human Resources Code, is reenacted to read as follows:
	(w)  The department shall set a personal needs allowance of 
not less than $60 a month for a resident of a convalescent or 
nursing home or related institution licensed under Chapter 242, 
Health and Safety Code, personal care facility, ICF-MR facility, or 
other similar long-term care facility who receives medical 
assistance.  The department may send the personal needs allowance 
directly to a resident who receives Supplemental Security Income 
(SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not 
apply to a resident who is participating in a medical assistance 
waiver program administered by the department.
	SECTION 2.  This Act is intended to restore Section 
32.024(w), Human Resources Code, as it existed before amendment by 
H.B. No. 2292, Acts of the 78th Legislature, Regular Session, 2003.
	SECTION 3.  This Act takes effect September 1, 2003, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for effect on that 
day, this Act takes effect on the 91st day after the last day of the 
1st Called Session of the 78th Legislature.