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.