Bill Summary – FastDemocracy

         
            H.B. No. 54
         
               AN ACT
            
            relating to the personal needs allowance for certain Medicaid 
         
            recipients who are residents of long-term care facilities.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 32.024(w), Human Resources Code, is 
         
            amended to read as follows:
         
                   (w)  The executive commissioner shall set a personal needs 
         
            allowance of not less than $75 [$60] a month for a resident of a 
         
            convalescent or nursing facility or related institution licensed 
         
            under Chapter 242, Health and Safety Code, assisted living 
         
            facility, ICF-IID facility, or other similar long-term care 
         
            facility who receives medical assistance.  The commission may send 
         
            the personal needs allowance directly to a resident who receives 
         
            Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et 
         
            seq.).  This subsection does not apply to a resident who is 
         
            participating in a medical assistance waiver program administered 
         
            by the commission.
         
                   SECTION 2.  The change in law made by this Act to Section 
         
            32.024(w), Human Resources Code, applies only to a personal needs 
         
            allowance paid on or after the effective date of this Act.
         
                   SECTION 3.  If before implementing any provision of this Act 
         
            a state agency determines that a waiver or authorization from a 
         
            federal agency is necessary for implementation of that provision, 
         
            the agency affected by the provision shall request the waiver or 
         
            authorization and may delay implementing that provision until the 
         
            waiver or authorization is granted.
         
                   SECTION 4.  This Act takes effect September 1, 2023.
         
            ______________________________
            ______________________________
         
               President of the Senate
            Speaker of the House     
         
                   I certify that H.B. No. 54 was passed by the House on April 
         
            18, 2023, by the following vote:  Yeas 117, Nays 29, 1 present, not 
         
            voting; and that the House concurred in Senate amendments to H.B. 
         
            No. 54 on May 24, 2023, by the following vote:  Yeas 126, Nays 15, 2 
         
            present, not voting.
         
            ______________________________
         
            Chief Clerk of the House   
         
                   I certify that H.B. No. 54 was passed by the Senate, with 
         
            amendments, on May 18, 2023, by the following vote:  Yeas 26, Nays 
         
            5.
         
            ______________________________
         
            Secretary of the Senate   
         
            APPROVED: __________________
         
                            Date       
         
                     __________________
         
                          Governor       
         
Statutes affected: 
Introduced: Human Resources Code 32.024 (Human Resources Code 32)
House Committee Report: Human Resources Code 32.024 (Human Resources Code 32)
Engrossed: Human Resources Code 32.024 (Human Resources Code 32)
Senate Committee Report: Human Resources Code 32.024 (Human Resources Code 32)
Enrolled: Human Resources Code 32.024 (Human Resources Code 32)




	AN ACT
	relating to the personal needs allowance for certain Medicaid
	recipients who are residents of long-term care facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 32.024(w), Human Resources Code, is
	amended to read as follows:
	(w) The executive commissioner shall set a personal needs
	allowance of not less than $75 [~~$60~~] a month for a resident of a
	convalescent or nursing facility or related institution licensed
	under Chapter 242, Health and Safety Code, assisted living
	facility, ICF-IID facility, or other similar long-term care
	facility who receives medical assistance. The commission may send
	the personal needs allowance directly to a resident who receives
	Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et
	seq.). This subsection does not apply to a resident who is
	participating in a medical assistance waiver program administered
	by the commission.
	SECTION 2. The change in law made by this Act to Section
	32.024(w), Human Resources Code, applies only to a personal needs
	allowance paid on or after the effective date of this Act.
	SECTION 3. If before implementing any provision of this Act
	a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 4. This Act takes effect September 1, 2023.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 54 was passed by the House on April
	18, 2023, by the following vote: Yeas 117, Nays 29, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 54 on May 24, 2023, by the following vote: Yeas 126, Nays 15, 2
	present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 54 was passed by the Senate, with
	amendments, on May 18, 2023, by the following vote: Yeas 26, Nays
	5.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor