79R4866 RMB-D
By: Coleman H.B. No. 2074
A BILL TO BE ENTITLED
AN ACT
relating to providing medical assistance for care in an assisted
living facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.024, Human Resources Code, is amended
by adding Subsection (cc) to read as follows:
(cc) The department shall provide medical assistance to a
person for care in an assisted living facility if the person
otherwise qualifies for medical assistance and the level of care
available in an assisted living facility is appropriate to meet the
person's needs, as determined by rules adopted by the executive
commissioner of the Health and Human Services Commission. The
department may not require a person who requests care in an assisted
living facility to reside in a nursing facility before receiving
the requested care. The cost of the care in an assisted living
facility may not exceed the cost of the care the person would
receive in a nursing facility.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2005.