S.B. No. 2435

	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.
	______________________________	______________________________
	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
	Approved:
	______________________________
	Date
	______________________________
	Governor