80R8829 CLG-D
 
  By: Shapleigh S.B. No. 1590
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a claim against the estate of a deceased Medicaid
recipient to recover certain Medicaid program costs.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 531.077, Government Code, is amended by
adding Subsections (a-1) and (c) to read as follows:
       (a-1)  Under the rules and standards governing the Medicaid
estate recovery program, the first $30,000 of the value of a
decedent's estate shall be disregarded in making an adjustment or
recovery of medical assistance provided to the decedent.
       (c)  In this section, "medical assistance" means medical
assistance under the state Medicaid program.
       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.  The changes in law made by this Act apply only to
the estate of a decedent who dies on or after the effective date of
this Act. The estate of a decedent who dies before the effective
date of this Act is governed by the law in effect on the date of the
decedent's death, and the former law is continued in effect for that
purpose.
       SECTION 4.  This Act takes effect September 1, 2007.