87R12476 KKR-D     By: Bucy H.B. No. 4310       A BILL TO BE ENTITLED   AN ACT   relating to establishing a nutritional support grant program for   certain medically fragile children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 33, Human Resources Code, is amended by   adding Subchapter C to read as follows:   SUBCHAPTER C. NUTRITIONAL SUPPORT GRANT PROGRAM FOR CERTAIN   MEDICALLY FRAGILE CHILDREN          Sec. 33.101.  DEFINITIONS. In this subchapter:                (1)  "Grant program" means the nutritional support   grant program for medically fragile children established under this   subchapter.                (2)  "Medically fragile child" means a person younger   than 18 years of age who is:                      (A)  chronically ill or disabled and requires   indefinite skilled nursing care to maintain the person's existence   in the person's home;                      (B)  temporarily ill or disabled because of   premature birth, accident, or trauma and has experienced a   temporary lifestyle change requiring skilled nursing care;                      (C)  suffering from uncontrollable seizures or   other chronic illness; or                      (D)  chronically dependent on medical devices to   perform vital bodily functions.          Sec. 33.102.  ESTABLISHMENT OF GRANT PROGRAM. The executive   commissioner by rule shall develop and implement a grant program to   provide financial assistance to the families of medically fragile   children who have been diagnosed with a rare or unique disease or   medical condition for the purpose of assisting families in paying   the costs associated with providing specialized nutritional   support for that child.           Sec. 33.103.  ELIGIBILITY. (a) The executive commissioner   by rule shall establish eligibility criteria for awarding grants   under the grant program. The criteria must provide that for a person   to be eligible for a grant, the person must:                (1)  be the parent and primary caregiver of a medically   fragile child with a rare or unique disease or medical condition   that requires specialized nutritional support, including enteral   nutrition; and                (2)  lack or have inadequate health benefit plan   coverage to pay the costs associated with providing that support.          (b)  The executive commissioner by rule shall identify the   diagnoses considered rare and unique for purposes of Subsection   (a)(1).          (c)  The executive commissioner may not impose income   eligibility requirements under the grant program.          Sec. 33.104.  AWARD OF GRANTS. (a) The commission may   approve grants according to commission rules.          (b)  A grant awarded under this subchapter is governed by   Chapter 783, Government Code, and rules adopted under that chapter.          Sec. 33.105.  FUNDING. The commission shall award grants as   provided by this subchapter from available money and any additional   money appropriated for this purpose.          Sec. 33.106.  GIFTS, GRANTS, AND DONATIONS. The commission   may accept gifts, grants, and donations from any source that are   made for the purposes of the grant program.          SECTION 2.  Not later than January 1, 2022, the executive   commissioner of the Health and Human Services Commission shall   adopt rules necessary to implement Subchapter C, Chapter 33, Human   Resources Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2021.