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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.