BILL ANALYSIS H.B. 3120 By: Hunter, B. (Bivins) Health and Human Services 05-17-95 Senate Committee Report (Unamended) BACKGROUND The number of Medicaid-paid beds in nursing facilities has remained fairly constant since the mid-1980s when a rider was inserted in the General Appropriations Bill effectively placing a moratorium on the construction of new facilities. Concerns have been raised that areas where the need for such facilities has been demonstrated must forego development of new beds until another facility agrees to relinquish some or all of its Medicaid nursing bed allotment. PURPOSE As proposed, H.B. 3120 requires the Department of Human Services to waive a restriction on a nursing home to contract under the state Medicaid program for nursing home beds if the facility is participating in research and treatment of Alzheimer's disease. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 32B, Human Resources Code, by adding Section 32.0245, as follows: Sec. 32.0245. NURSING HOME BEDS FOR CERTAIN FACILITIES TREATING ALZHEIMER'S DISEASE. Requires the Department of Human Services (department) to waive for a nursing facility a restriction imposed by state law on the authority to contract under the state Medicaid program for nursing home beds based on the percentage of beds that are occupied in a geographical area, if the facility is affiliated with a medical school operated by the state, is participating in a research program for the care and treatment of persons with Alzheimer's disease, and is designed to separate and treat Alzheimer's disease by stage or functional level. SECTION 2. Requires the department, if it determines that a waiver or authorization is necessary for the implementation of Section 32.0245, Human Resources Code, to request the waiver or authorization, and authorizes the department to delay implementing that section until the waiver or authorization is granted. SECTION 3. Emergency clause. Effective date: upon passage.