79R987 KEG-D

By:  Pena                                                         H.B. No. 725



A BILL TO BE ENTITLED

AN ACT

relating to restoring services under the Medicaid and children's 
health insurance programs; making an appropriation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  For the fiscal biennium beginning September 1, 
2005, the Health and Human Services Commission is appropriated from 
the general revenue fund the amount needed to provide services 
under the Medicaid and children's health insurance programs in a 
manner comparable to the manner in which these services were 
provided under the Medicaid and children's health insurance 
programs during the fiscal biennium ending August 31, 2003.
	SECTION 2.  Section 62.151(b), Health and Safety Code, is 
amended to read as follows:
	(b)  In developing the covered benefits, the commission 
shall consider the health care needs of healthy children and 
children with special health care needs.  The child health plan must 
provide at least the covered benefits and eligibility described by 
the recommended benefits package described for a state-designed 
child health plan by the Texas House of Representatives Committee 
on Public Health "CHIP" Interim Report to the Seventy-Sixth Texas 
Legislature dated December 1998 and the Senate Interim Committee on 
Children's Health Insurance Report to the Seventy-Sixth Texas 
Legislature dated December 1, 1998.  The child health plan must 
include at least the covered benefits and eligibility provided 
under the plan on June 1, 2003.
	SECTION 3.  Section 32.024, Human Resources Code, is amended 
by amending Subsection (w) and adding Subsection (bb) to read as 
follows:
	(w)  The department shall set a personal needs allowance of 
not less than $60 [$45] 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.
	(bb)  The department shall ensure that each of the following 
programs and services under the medical assistance program is 
provided at or above the level for which the program or service was 
funded during the fiscal biennium ending August 31, 2003:
		(1)  community care programs;                                          
		(2)  services for pregnant women; and                                  
		(3)  optional services for adult recipients, including 
mental health services, podiatric services, eyeglasses, and 
hearing aids.
	SECTION 4.  This Act takes effect September 1, 2005.