88R16246 MM-F     By: Thompson of Harris, Lalani, Davis, Rose, H.B. No. 54       Morales of Harris, et al.       A BILL TO BE ENTITLED   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)  Subject to Section 32.02411, the [The] executive   commissioner shall set a personal needs allowance of not less than   $85 [$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.  Subchapter B, Chapter 32, Human Resources Code,   is amended by adding Section 32.02411 to read as follows:          Sec. 32.02411.  BIENNIAL INFLATION ADJUSTMENT OF PERSONAL   NEEDS ALLOWANCE. (a) Subject to Subsection (b), on January 1 of   each odd-numbered year, the executive commissioner shall adjust for   inflation the amount of the personal needs allowance set under   Section 32.024(w).          (b)  Not later than November 1 of each even-numbered year,   the executive commissioner shall by rule adjust the amount of the   personal needs allowance under Section 32.024(w) for the following   biennium that begins on January 1 to reflect the percentage   increase, if any, in the Consumer Price Index for Urban Wage Earners   and Clerical Workers (CPI-W) published by the Bureau of Labor   Statistics of the United States Department of Labor or its   successor index during the most recent 24-month period ending in   August.          SECTION 3.  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 4.  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 5.  This Act takes effect September 1, 2023.