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A BILL TO BE ENTITLED
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AN ACT
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relating to medical assistance program reimbursement for |
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guardianship expenses of certain recipients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02451 to read as follows: |
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Sec. 32.02451. REIMBURSEMENT FOR GUARDIANSHIP EXPENSES OF |
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CERTAIN RECIPIENTS. To the extent allowed by federal law, the |
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department shall provide medical assistance reimbursement for |
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compensation and costs ordered under Section 670, Texas Probate |
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Code, in a guardianship established for a medical assistance |
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recipient. The executive commissioner of the Health and Human |
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Services Commission shall adopt rules providing a procedure by |
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which a person to whom amounts are ordered paid under that section |
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may submit a claim to and receive reimbursement from the medical |
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assistance program. |
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SECTION 2. Subpart H, Part 2, Chapter XIII, Texas Probate |
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Code, is amended by adding Section 670 to read as follows: |
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Sec. 670. COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER |
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GUARDIANSHIP COSTS. (a) In this section: |
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(1) "Applied income" means the portion of the earned |
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and unearned income of a recipient of medical assistance or, if |
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applicable, the recipient and the recipient's spouse, that is paid |
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under the medical assistance program to a nursing home in which the |
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recipient resides. |
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(2) "Medical assistance" has the meaning assigned by |
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Section 32.003, Human Resources Code. |
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(b) Notwithstanding any other provision of this chapter and |
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to the extent permitted by federal law, a court that appoints a |
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guardian for a recipient of medical assistance who has applied |
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income may order the following to be paid under the medical |
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assistance program: |
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(1) compensation to the guardian in an amount not to |
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exceed $175 per month; |
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(2) costs directly related to establishing or |
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terminating the guardianship, not to exceed $1,000 except as |
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provided by Subsection (c) of this section; and |
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(3) other administrative costs related to the |
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guardianship, not to exceed $1,000 during any three-year period. |
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(c) Costs ordered to be paid under Subsection (b)(2) of this |
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section may include compensation and expenses for an attorney ad |
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litem or guardian ad litem and reasonable attorney's fees for an |
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attorney representing the guardian. The costs ordered to be paid |
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may exceed $1,000 if the costs in excess of that amount are |
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supported by documentation acceptable to the court and the costs |
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are approved by the court. |
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SECTION 3. The changes in law made by this Act apply to a |
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guardianship created before, on, or after the effective date of |
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this Act. |
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SECTION 4. 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 5. This Act takes effect September 1, 2009. |
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