40 TAC §15.450
The Texas Department of Human Services (DHS) proposes to
amend §15.450, concerning general principles concerning income, in its
Medicaid Eligibility chapter. The purpose of the amendment is to comply with
House Bill 143 (HB), in which the 76th Texas Legislature, 1999, approved an
increase of the personal needs allowance (PNA). The Appropriations Bill allowed
the PNA to be $45 per month. The increase is retroactive to September 1, 1999.
For SSI clients who receive the $30 federal benefit rate, the state will supplement
their incomes by $15 per month so they also have $45 for personal use.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed section will be in effect there will be fiscal implications
for state government as a result of enforcing or administering the section.
The effect on state government for the first five-year period the section
will be in effect is an estimated additional cost increase in revenue of $6,904,706
in fiscal year (FY) 2000; $6,750,780 in FY 2001; $6,750,780 in FY 2002; $6,750,780
in FY 2003; and $6,750,780 in FY 2004.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that clients will have additional money for personal needs.
The amendment to Chapter 15 will not have an adverse economic effect on large,
small, or micro-businesses.
Questions about the content of this proposal may be directed to Judy Coker
at (512) 438-3227 in DHS's Long-Term Care section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-065, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under Section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendments implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§15.450.General Principles Concerning Income.
(a) - (g)
(No change.)
(h)
A personal needs allowance (PNA) is an
amount of a client's income that a client in an institutional setting may
retain for his personal use. It will not be applied against the costs of medical
assistance furnished in the facility. Clients in institutional settings may
retain $45 per month for their personal use. In couple cases, each spouse
may retain $45. For SSI clients who receive the $30 reduced federal benefit,
the state supplements their incomes by $15 per month to allow a total of $45
for personal needs. The effective date of the $45 PNA is September 1, 1999;
prior to that date, the PNA was $30.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 13, 2000.
TRD-200000212
Paul Leche
General Counsel
Texas Department of Human Services
Earliest possible date of adoption: February 27, 2000
For further information, please call: (512) 438-3108