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A BILL TO BE ENTITLED
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AN ACT
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relating to the personal needs allowance for certain Medicaid  | 
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recipients who are residents of long-term care facilities. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  Subsection (w), Section 32.024, Human Resources  | 
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Code, is amended to read as follows: | 
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       (w)  The department shall set a personal needs allowance of  | 
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not less than $60 [$45] a month for a resident of a convalescent or  | 
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nursing home or related institution licensed under Chapter 242,  | 
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Health and Safety Code, personal care facility, ICF-MR facility, or  | 
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other similar long-term care facility who receives medical  | 
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assistance.  The department may send the personal needs allowance  | 
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directly to a resident who receives Supplemental Security Income  | 
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(SSI) (42 U.S.C. Section 1381 et seq.).  This subsection does not  | 
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apply to a resident who is participating in a medical assistance  | 
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waiver program administered by the department. | 
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       SECTION 2.  If before implementing any provision of this Act  | 
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a state agency determines that a waiver or authorization from a  | 
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federal agency is necessary for implementation of that provision,  | 
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the agency affected by the provision shall request the waiver or  | 
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authorization and may delay implementing that provision until the  | 
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waiver or authorization is granted. | 
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       SECTION 3.  Subsection (w), Section 32.024, Human Resources  | 
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Code, as amended by this Act, applies only to a personal needs  | 
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allowance paid on or after the effective date of this Act. | 
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       SECTION 4.  This Act takes effect September 1, 2007. | 
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