By: Harris  S.B. No. 696
         (In the Senate - Filed February 15, 2007; February 28, 2007,
  read first time and referred to Committee on Health and Human
  Services; April 16, 2007, reported favorably by the following
  vote:  Yeas 9, Nays 0; April 16, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the personal needs allowance for certain Medicaid
  recipients who are residents of long-term care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (w), Section 32.024, Human Resources
  Code, is amended 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.
         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.  Subsection (w), Section 32.024, Human Resources
  Code, as amended by this Act, applies only to a personal needs
  allowance paid on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2007.
 
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