HBA-MPM, NLM, RAR H.B. 143 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 143
By: Thompson
Human Services
9/14/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Medicaid residents in nursing homes had an
allowance of $30 a month for all personal needs.  This amount had not been
increased since 1983.  H.B. 143 authorizes the Texas Department of Human
Services to increase the personal needs allowance above the $30 cap,
subject to the availability of funding. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not delegate  any additional rulemaking authority to a state officer,
department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.024, Human Resources Code, by adding
Subsection (v), to authorize the Texas Department of Human Services
(department) to increase the personal needs allowance above the minimum of
$30, subject to the availability of funds, for a resident of a convalescent
or nursing home or related institution licensed under Chapter 242
(Convalescent and Nursing Homes and Related Institutions), Health and
Safety Code, a personal care facility, ICF-MR facility, or other similar
long-term care facility who receives medical assistance.  Authorizes the
department to send the allowance directly to a resident receiving
Supplemental Security Income (SSI).  Makes this subsection inapplicable to
a resident participating in a medical assistance waiver program
administered by the department. 

SECTION 2.  Effective date:  September 1, 1999.  Makes the application of
this Act prospective. Requires the Health and Human Services Commission
(commission) or the department to implement this Act only if the
legislature appropriates money specifically for that purpose.  Authorizes
the commission or the department to implement this Act using other
appropriations available for this purpose if a legislative appropriation is
not made, however, does not require either agency to implement the Act. 

SECTION 3.  Emergency clause.