H.B. No. 446

PAYING ATTORNEYS TO DRAFT MILLER (MEDICAID) TRUSTS

Effective Date: September 1, 1997

AN ACT

relating to the establishment of trusts for certain recipients of medical assistance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Subchapter B, Chapter 101, Human Resources Code, is amended by adding Section 101.031 to read as follows:

Sec. 101.031.  TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE. (a) An area agency on aging may contract with one or more private attorneys to establish trusts described by 42 U.S.C. Section 1396p(d)(4)(B) for the benefit of recipients of medical assistance under Chapter 32 who, without the establishment of these trusts, would become ineligible for medical assistance.

(b)  The department shall allocate available state funds to the area agencies on aging for use in contracting for the establishment of trusts under Subsection (a).

SECTION 2.  This Act takes effect September 1, 1997.

SECTION 3.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.