BILL ANALYSIS

H.B. 1290

By: Campos

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Senior advocates report that long-term care facilities such as nursing homes, assisted living facilities, and intermediate care facilities have confiscated federal stimulus checks meant for residents. While federal law prohibits this practice since the stimulus checks were not intended to be considered as income for purposes of Medicaid eligibility, there is currently no statewide prohibition against this practice that protects these vulnerable individuals. H.B. 1290 seeks to address this issue by establishing an administrative penalty for nursing facilities that confiscate or misappropriate certain payments to residents.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1290 amends the Health and Safety Code to prohibit a convalescent or nursing facility from confiscating or misappropriating an eligible federal payment made to a resident who is a Medicaid recipient. The bill imposes an administrative penalty of $25,000 for each violation of this prohibition and establishes that each day the facility fails to return confiscated or misappropriated money to the resident constitutes a separate violation. The bill defines, among other terms, "eligible federal payment" as a payment made to an individual by the federal government that is not designated by law as income or a resource for purposes of an individual's Medicaid eligibility. The bill's provisions apply only to conduct that occurs on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.