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�	S.B.�No.�2435

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�	AN ACT
�	relating to medical assistance program reimbursement for
�	guardianship expenses of certain recipients.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Subchapter B, Chapter 32, Human Resources Code,
�	is amended by adding Section 32.02451 to read as follows:
�	�������Sec.�32.02451.��REIMBURSEMENT FOR GUARDIANSHIP EXPENSES OF
�	CERTAIN RECIPIENTS. �To the extent allowed by federal law, the
�	department shall provide medical assistance reimbursement for
�	compensation and costs ordered under Section 670, Texas Probate
�	Code, in a guardianship established for a medical assistance
�	recipient. �The executive commissioner of the Health and Human
�	Services Commission shall adopt rules providing a procedure by
�	which a person to whom amounts are ordered paid under that section
�	may submit a claim to and receive reimbursement from the medical
�	assistance program.
�	�������SECTION�2.��Subpart H, Part 2, Chapter XIII, Texas Probate
�	Code, is amended by adding Section 670 to read as follows:
�	�������Sec.�670.��COMPENSATION OF CERTAIN GUARDIANS; CERTAIN OTHER
�	GUARDIANSHIP COSTS. �(a)��In this section:
�	�������������(1)��"Applied income"�means the portion of the earned
�	and unearned income of a recipient of medical assistance or, if
�	applicable, the recipient and the recipient's spouse, that is paid
�	under the medical assistance program to a nursing home in which the
�	recipient resides.
�	�������������(2)��"Medical assistance"�has the meaning assigned by
�	Section 32.003, Human Resources Code.
�	�������(b)��Notwithstanding any other provision of this chapter and
�	to the extent permitted by federal law, a court that appoints a
�	guardian for a recipient of medical assistance who has applied
�	income may order the following to be paid under the medical
�	assistance program:
�	�������������(1)��compensation to the guardian in an amount not to
�	exceed $175 per month;
�	�������������(2)��costs directly related to establishing or
�	terminating the guardianship, not to exceed $1,000 except as
�	provided by Subsection (c) of this section; and
�	�������������(3)��other administrative costs related to the
�	guardianship, not to exceed $1,000 during any three-year period.
�	�������(c)��Costs ordered to be paid under Subsection (b)(2) of this
�	section may include compensation and expenses for an attorney ad
�	litem or guardian ad litem and reasonable attorney's fees for an
�	attorney representing the guardian. �The costs ordered to be paid
�	may exceed $1,000 if the costs in excess of that amount are
�	supported by documentation acceptable to the court and the costs
�	are approved by the court.
�	�������SECTION�3.��The changes in law made by this Act apply to a
�	guardianship created before, 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, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I hereby certify that S.B.�No.�2435 passed the Senate on
�	May�5,�2009, by the following vote:��Yeas�31, Nays�0.
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�	______________________________
�	Secretary of the Senate����
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�	�������I hereby certify that S.B.�No.�2435 passed the House on
�	May�27,�2009, by the following vote:��Yeas�148, Nays�0, one
�	present not voting.
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�	______________________________
�	Chief Clerk of the House���
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�	Approved:
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�	______________________________�
�	������������Date
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�	______________________________�
�	����������Governor