75R8008 KKA-F By Zbranek, Wohlgemuth, Kubiak H.B. No. 606 Substitute the following for H.B. No. 606: By Wohlgemuth C.S.H.B. No. 606 A BILL TO BE ENTITLED 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 500 additional nursing home beds in a calendar year. 2-14 SECTION 2. If, before implementing Section 32.0246, Human 2-15 Resources Code, as added by this Act, the Texas Department of Human 2-16 Services determines that a waiver or authorization from a federal 2-17 agency is necessary for implementation, the department shall 2-18 request the waiver or authorization and may delay implementing that 2-19 section until the waiver or authorization is granted. 2-20 SECTION 3. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended, 2-25 and that this Act take effect and be in force from and after its 2-26 passage, and it is so enacted.