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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. Section 32.024(w), Human Resources Code, is |
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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 $75 [$60] 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. The change in law made by this Act to Section |
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32.024(w), Human Resources Code, 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 3. 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 4. This Act takes effect September 1, 2009. |