H.B. No. 446


Bill Description

Governor Bush signed HB 446 on June 20, 1997. HB 446 becomes effective on September 1, 1997.

This bill allows area agencies on aging to contract with private attorneys to draft Miller Trusts so that persons with too much income to qualify for Medicaid still may receive Medicaid benefits.

Here's what the House Committee Report says about the bill:

Currently, Rider 11 (a) directs the Texas Department of Human Services to use state funds to continue medical assistance for individuals who lose their Medicaid benefits due to an increase in federal or private pension benefits.

This legislation instructs the Texas Department on Aging to use existing state funds to assist individuals in setting up a trust to which increases in federal or private pension benefits would be diverted. The legislation discontinues the appropriation of 100% State funds to cover long-term institutional care and home/community-based waiver services for individuals who were denied Medicaid benefits due to such increases to pensions.

This legislation will ensure the continuation of care for these individuals. Individuals whose income increases slightly above the Medicaid income limits will be able to depend upon federal funds, rather than state funds, to continue their care.

This bill becomes effective September 1, 1997.

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Copyright © 1997 by Glenn M. Karisch. This page was last revised on June 23, 1997.