| |
| |
| |
|
|
AN ACT
|
|
|
relating to medical assistance program reimbursement for |
|
|
guardianship expenses of certain recipients. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
|
|
is amended by adding Section 32.02451 to read as follows: |
|
|
Sec. 32.02451. REIMBURSEMENT FOR GUARDIANSHIP EXPENSES OF |
|
|
CERTAIN RECIPIENTS. To the extent allowed by federal law, the |
|
|
department shall provide medical assistance reimbursement for |
|
|
compensation and costs ordered under Section 670, Texas Probate |
|
|
Code, in a guardianship established for a medical assistance |
|
|
recipient. The executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules providing a procedure by |
|
|
which a person to whom amounts are ordered paid under that section |
|
|
may submit a claim to and receive reimbursement from the medical |
|
|
assistance program. |
|
|
SECTION 2. Subpart H, Part 2, Chapter XIII, Texas Probate |
|
|
Code, is amended by adding Section 670 to read as follows: |
|
|
Sec. 670. COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER |
|
|
GUARDIANSHIP COSTS. (a) In this section: |
|
|
(1) "Applied income" means the portion of the earned |
|
|
and unearned income of a recipient of medical assistance or, if |
|
|
applicable, the recipient and the recipient's spouse, that is paid |
|
|
under the medical assistance program to a nursing home in which the |
|
|
recipient resides. |
|
|
(2) "Medical assistance" has the meaning assigned by |
|
|
Section 32.003, Human Resources Code. |
|
|
(b) Notwithstanding any other provision of this chapter and |
|
|
to the extent permitted by federal law, a court that appoints a |
|
|
guardian for a recipient of medical assistance who has applied |
|
|
income may order the following to be paid under the medical |
|
|
assistance program: |
|
|
(1) compensation to the guardian in an amount not to |
|
|
exceed $175 per month; |
|
|
(2) costs directly related to establishing or |
|
|
terminating the guardianship, not to exceed $1,000 except as |
|
|
provided by Subsection (c) of this section; and |
|
|
(3) other administrative costs related to the |
|
|
guardianship, not to exceed $1,000 during any three-year period. |
|
|
(c) Costs ordered to be paid under Subsection (b)(2) of this |
|
|
section may include compensation and expenses for an attorney ad |
|
|
litem or guardian ad litem and reasonable attorney's fees for an |
|
|
attorney representing the guardian. The costs ordered to be paid |
|
|
may exceed $1,000 if the costs in excess of that amount are |
|
|
supported by documentation acceptable to the court and the costs |
|
|
are approved by the court. |
|
|
SECTION 3. The changes in law made by this Act apply to a |
|
|
guardianship created before, on, or after the effective date of |
|
|
this Act. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2435 passed the Senate on |
|
|
May 5, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2435 passed the House on |
|
|
May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |