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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, Human Resources Code, is amended |
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by amending Subsection (w) and adding Subsection (w-1) to read as |
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follows: |
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(w) The department shall set a personal needs allowance of |
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not less than the greater of $60 a month or the amount described in |
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Subsection (w-1) for a resident of a convalescent or nursing home or |
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related institution licensed under Chapter 242, Health and Safety |
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Code, personal care facility, ICF-MR facility, or other similar |
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long-term care facility who receives medical assistance. The |
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department may send the personal needs allowance directly to a |
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resident who receives Supplemental Security Income (SSI) (42 U.S.C. |
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Section 1381 et seq.). This subsection does not apply to a resident |
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who is participating in a medical assistance waiver program |
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administered by the department. |
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(w-1) On September 1 of each even-numbered year, the |
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department shall adjust the amount of the personal needs allowance |
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in effect on that date by a percentage representing the most recent |
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annual change in the Consumer Price Index for All Urban Consumers |
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for all items and for all regions of the United States combined, as |
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determined by the United States Department of Labor, Bureau of |
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Labor Statistics. The adjusted amount applies with respect to a |
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personal needs allowance paid on or after the date the adjustment |
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computation is made. |
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SECTION 2. The Health and Human Services Commission shall |
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make the initial adjustment to the amount of the personal needs |
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allowance required by Section 32.024(w-1), Human Resources Code, as |
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added by this Act, on September 1, 2012. |
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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, 2011. |