SRC-JFA H.B. 606 75(R)BILL ANALYSIS


Senate Research CenterH.B. 606
By: Zbranek (Moncrief)
Health & Human Services
5-2-97
Committee Report (Amended)


DIGEST 

Currently, a rider in the Texas Department of Human Services' (DHS) budget
prohibits the agency from contracting for additional Medicaid beds in
nursing facilities unless the number of occupied Medicaid beds in a
geographic area falls below a certain percentage of the total number of
beds.  As a result of this rider, facilities that do not have any Medicaid
beds cannot obtain any as long as other facilities have an occupancy rate
that does not drop under the specified percentage. This provision limits
the facilities from which Medicaid recipients can choose and insulates
facilities with Medicaid beds from competition in rural areas of the
state.  This bill would authorize DHS to contract for additional nursing
home beds under the state Medicaid program in certain counties without
regard to the occupancy rate of available Medicaid beds.   
 
PURPOSE

As proposed, H.B. 606 authorizes the Texas Department of Human Services to
contract for additional nursing home beds under the state Medicaid program
in certain counties without regard to the occupancy rate of available
Medicaid beds.   

RULEMAKING AUTHORITY

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
32.0246, as follows: 

Sec.  32.0246.  NURSING HOME BEDS IN CERTAIN COUNTIES.  Authorizes the
Texas Department of Human Services (DHS), at the request of the
commissioners court of a county in which not more than two nursing
facilities are certified to participate in the state Medicaid program, to
contract for additional nursing home beds under the state Medicaid program
in the county without regard to the occupancy rate of available Medicaid
beds. Requires a commissioners court that intends to make a request under
this section to publish notice of its intent.  Sets forth the required
contents of the notice.  Requires a commissioners court to determine
whether to proceed with a request after considering all comments and
proposals received in response to the notices.  Authorizes the court to
recommend that DHS contract with a specific nursing facility that
submitted a proposal.  Sets forth the factors the commissioners court is
required to consider in determining whether to proceed with the request
and whether to recommend a specific nursing facility.  Prohibits DHS from
contracting under this section for more than 120 additional nursing home
beds per county per year and from exceeding more than 500 additional
nursing home beds statewide in a calender year.   

SECTION 2. Requires DHS to request a waiver or authorization from a
federal agency and allows DHS to delay implementing Section 32.0246, Human
Resources Code, as added by this Act, if DHS determines that a waiver or
authorization from a federal agency is necessary for implementation.   

SECTION 3. Emergency clause.
  Effective date: upon passage.
 

SUMMARY OF COMMITTEE CHANGES

Amendment 1. 

Page 2, line 12, replaces  proposed Subsection (d), prohibiting DHS from
contracting for more than 500 additional nursing home beds in a calender
year, with a  proposed Subsection (d) that prohibits DHS from contracting
under this section for more than 120 additional nursing home beds per
county per year and from exceeding more than 500 additional nursing home
beds statewide in a calender year.