BILL ANALYSIS

 

 

Senate Research Center	S.B. 1784
	By: Zaffirini
	State Affairs
	4/2/2019
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law provides up to $175 per person per month for indigent guardianship services through Medicaid Applied Income. The cost of providing guardianship services, however, has increased since that amount was codified. Accordingly, the counties served by non-profit guardianship programs have decreased from 138 counties in 2006 to 69 counties in 2018. S.B. 1784 would provide up to $250 per person per month to encourage the provision of guardianship services throughout the state.

 

As proposed, S.B. 1784 amends current law relating to the deduction from applied income of compensation paid to guardians of certain Medicaid recipients.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 1155.202(a), Estates Code, as follows:

 

(a) Authorizes a court that appoints a guardian for a recipient of medical assistance who has applied income, notwithstanding any other provision of this title and to the extent permitted by federal law, to order certain expenses to be deducted as an additional personal needs allowance in the computation of the recipient's applied income in accordance with Section 32.02451, Human Resources Code, including compensation to the guardian in an amount not to exceed $250 per month, rather than $175 per month. Makes no further changes.

 

SECTION 2. Provides that the changes in law made by this Act apply to a guardianship created before, on, or after the effective date of this Act.

 

SECTION 3. Effective date: upon passage or September 1, 2019.