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H.B. No. 1867
AN ACT
relating to the transfer of money appropriated to provide care for
certain persons in nursing facilities to provide community-based
services to those persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.082 to read as follows:
Sec. 531.082. TRANSFER OF MONEY FOR COMMUNITY-BASED
SERVICES. (a) The commission shall quantify the amount of money
appropriated by the legislature that would have been spent during
the remainder of a state fiscal biennium to care for a person who
lives in a nursing facility but who is leaving that facility before
the end of the biennium to live in the community with the assistance
of community-based services.
(b) Notwithstanding any other state law and to the maximum
extent allowed by federal law, the executive commissioner shall
direct, as appropriate:
(1) the comptroller, at the time the person described
by Subsection (a) leaves the nursing facility, to transfer an
amount not to exceed the amount quantified under that subsection
among the health and human services agencies and the commission as
necessary to comply with this section; or
(2) the commission or a health and human services
agency, at the time the person described by Subsection (a) leaves
the nursing facility, to transfer an amount not to exceed the amount
quantified under that subsection within the agency's budget as
necessary to comply with this section.
(c) The commission shall ensure that the amount transferred
under this section is redirected by the commission or health and
human services agency, as applicable, to one or more
community-based programs in the amount necessary to provide
community-based services to the person after the person leaves the
nursing facility.
SECTION 2. 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 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1867 was passed by the House on May 4,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 1867 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1867 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor