BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 54

88R29814 MM-F

By: Thompson, Senfronia et al. (Zaffirini)

 

Health & Human Services

 

5/11/2023

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Residents of long-term care facilities who receive Medicaid can keep a certain amount of their social security income for their needs. This is known as a personal needs allowance, and the amount is set by the executive commissioner of the Health and Human Services Commission, subject to a statutory minimum. The allowance amount for these residents is currently $60 per month. Despite the dramatic increase in the cost of living, the allowance has not increased since 2005.

 

C.S.H.B. 54 would improve the quality of life for these residents by increasing the minimum personal needs allowance to $75 per month.

 

C.S.H.B. 54 amends current law relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities.

 

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 32.024(w), Human Resources Code, to require the executive commissioner of the Health and Human Services Commission (executive commissioner) to set a personal needs allowance of not less than $75, rather than $60, a month for a resident of certain facilities who receives medical assistance.

 

SECTION 2. Makes application of Section 32.024(w), Human Resources Code, prospective.

 

SECTION 3. Requires a state agency, if necessary for implementation of a provision of this Act, to request a waiver or authorization from a federal agency, and authorizes a delay of implementation until such a waiver or authorization is granted.

 

SECTION 4. Effective date: September 1, 2023.