S.B. No. 2435
  relating to medical assistance program reimbursement for
  guardianship expenses of certain recipients.
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02451 to read as follows:
  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:
  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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 2435 passed the Senate on
  May 5, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         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.
  Chief Clerk of the House