By: Vowell H.B. No. 968 73R2226 CBH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the placement of certain persons in nursing facilities 1-3 and to the funding of those services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, 1-6 is amended by adding Section 32.0265 to read as follows: 1-7 Sec. 32.0265. NURSING FACILITY SERVICES FOR CERTAIN PERSONS. 1-8 (a) Regardless of a person's mental condition as identified by a 1-9 preadmission screening and annual resident review, the department 1-10 shall provide medical assistance to a person who resides in or is 1-11 applying for admission to a nursing facility if: 1-12 (1) the department determines that the person is 1-13 financially eligible for medical assistance; and 1-14 (2) the person's primary physician, who may be a 1-15 medical specialist, determines and documents that: 1-16 (A) it is in the person's best interest for 1-17 medical reasons to remain in or be admitted to an identified and 1-18 accepting nursing facility; and 1-19 (B) there is a medical necessity under medical 1-20 assistance eligibility guidelines for the nursing facility care. 1-21 (b) Specialized services to meet the needs of the person may 1-22 be provided in the nursing facility. 1-23 (c) The department shall ensure that a preadmission 1-24 screening and annual resident review for a child are conducted 2-1 using medical conditions, cognitive, and functional limitations, 2-2 including the exempting conditions from the level II assessment and 2-3 the conditions that allow a person to be admitted to or remain in a 2-4 nursing facility and to receive specialized services, that are 2-5 comparable to and no more stringent than those used for adults. 2-6 The department shall also ensure that the documentation for the 2-7 assessment reflects comparable information specific to the child. 2-8 SECTION 2. Subchapter B, Chapter 533, Health and Safety 2-9 Code, is amended by adding Section 533.044 to read as follows: 2-10 Sec. 533.044. PAYMENT FOR ALTERNATIVE PLACEMENT OF CERTAIN 2-11 CHILDREN. (a) The department shall pay for the cost of placing a 2-12 child with mental illness, mental retardation, or a related 2-13 condition in a setting that is determined to be geographically 2-14 acceptable and otherwise appropriate for the child's continued 2-15 emotional and medical needs, including medical monitoring and 2-16 intervention, if: 2-17 (1) the child is residing at a nursing facility or is 2-18 applying for admission to a nursing facility; 2-19 (2) the child's primary physician, who may be a 2-20 medical specialist, determines and documents that the child has a 2-21 medical condition that warrants care in the nursing facility; 2-22 (3) the department determines after a preadmission 2-23 screening and annual resident review that the child is not eligible 2-24 for admission or continued residence in the facility; 2-25 (4) appropriate medical support cannot be identified 2-26 in the child's own community; and 2-27 (5) an ICF-MR facility determined to be appropriate 3-1 and acceptable does not exist or is not immediately available. 3-2 (b) A determination under Subsection (a)(5) shall be made by 3-3 the child's parents or guardians and the child's primary physician, 3-4 who may be a medical specialist. 3-5 (c) The department shall consult a psychologist or 3-6 psychiatrist in determining the specialized services necessary for 3-7 a child who has identified mental health or mental retardation 3-8 needs and who is placed in an alternate treatment setting under 3-9 this section. 3-10 SECTION 3. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended, 3-15 and that this Act take effect and be in force from and after its 3-16 passage, and it is so enacted.