1-1 AN ACT
1-2 relating to access to nursing facilities in rural counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-5 is amended by adding Section 32.0246 to read as follows:
1-6 Sec. 32.0246. NURSING HOME BEDS IN CERTAIN COUNTIES. (a)
1-7 At the request of the commissioners court of a county in which not
1-8 more than two nursing facilities are certified to participate in
1-9 the state Medicaid program, and subject to Subsection (d), the
1-10 department may contract for additional nursing home beds under the
1-11 state Medicaid program in the county without regard to the
1-12 occupancy rate of available Medicaid beds.
1-13 (b) A commissioners court that intends to make a request
1-14 under Subsection (a) shall publish notice of its intent in the
1-15 Texas Register and in a newspaper of general circulation in the
1-16 county. The notice must request:
1-17 (1) comments on whether the request should be made;
1-18 and
1-19 (2) proposals from persons interested in providing
1-20 additional Medicaid beds in the county, including persons providing
1-21 Medicaid beds in a nursing facility with a high occupancy rate.
1-22 (c) A commissioners court shall determine whether to proceed
1-23 with a request after considering all comments and proposals
1-24 received in response to the notices provided under Subsection (b).
2-1 If the commissioners court proceeds with the request, the court may
2-2 recommend that the department contract with a specific nursing
2-3 facility that submitted a proposal. In determining whether to
2-4 proceed with the request and whether to recommend a specific
2-5 nursing facility, the commissioners court shall consider:
2-6 (1) the demographic and economic needs of the county;
2-7 (2) the quality of existing nursing facility services
2-8 under the state Medicaid program in the county;
2-9 (3) the quality of the proposals submitted; and
2-10 (4) the degree of community support for additional
2-11 nursing facility services.
2-12 (d) The department may not contract under this section for
2-13 more than 120 additional nursing home beds per county per year and
2-14 may not exceed 500 additional nursing home beds statewide in a
2-15 calendar year.
2-16 SECTION 2. If, before implementing Section 32.0246, Human
2-17 Resources Code, as added by this Act, the Texas Department of Human
2-18 Services determines that a waiver or authorization from a federal
2-19 agency is necessary for implementation, the department shall
2-20 request the waiver or authorization and may delay implementing that
2-21 section until the waiver or authorization is granted.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 606 was passed by the House on April
11, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 606 on May 14, 1997, by the following
vote: Yeas 143, Nays 0, 1 present, not voting; and that the House
adopted H.C.R. No. 271 authorizing certain corrections in H.B. No.
606 on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 606 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0; and that the Senate adopted H.C.R. No. 271 authorizing certain
corrections in H.B. No. 606 on May 19, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor