1-1     By:  Zbranek, et al. (Senate Sponsor - Moncrief)       H.B. No. 606

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 5, 1997, reported favorably, as amended, by

 1-5     the following vote:  Yeas 11, Nays 0; May 5, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-8     Amend HB 606 (as engrossed) on page 2, line 12 by amending

 1-9     subsection (d) to read as follows:

1-10           (d) The department may not contract under this section for

1-11     more than 120 additional nursing home beds per county per year and

1-12     may not exceed more than 500 additional nursing home beds statewide

1-13     in a calendar year.

1-14                            A BILL TO BE ENTITLED

1-15                                   AN ACT

1-16     relating to access to nursing facilities in rural counties.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,

1-19     is amended by adding Section 32.0246 to read as follows:

1-20           Sec. 32.0246.  NURSING HOME BEDS IN CERTAIN COUNTIES.  (a)

1-21     At the request of the commissioners court of a county in which not

1-22     more than two nursing facilities are certified to participate in

1-23     the state Medicaid program, and subject to Subsection (d), the

1-24     department may contract for additional nursing home beds under the

1-25     state Medicaid program in the county without regard to the

1-26     occupancy rate of available Medicaid beds.

1-27           (b)  A commissioners court that intends to make a request

1-28     under Subsection (a) shall publish notice of its intent in the

1-29     Texas Register and in a newspaper of general circulation in the

1-30     county.  The notice must request:

1-31                 (1)  comments on whether the request should be made;

1-32     and

1-33                 (2)  proposals from persons interested in providing

1-34     additional Medicaid beds in the county, including persons providing

1-35     Medicaid beds in a nursing facility with a high occupancy rate.

1-36           (c)  A commissioners court shall determine whether to proceed

1-37     with a request after considering all comments and proposals

1-38     received in response to the notices provided under Subsection (b).

1-39     If the commissioners court proceeds with the request, the court may

1-40     recommend that the department contract with a specific nursing

1-41     facility that submitted a proposal.  In determining whether to

1-42     proceed with the request and whether to recommend a specific

1-43     nursing facility, the commissioners court shall consider:

1-44                 (1)  the demographic and economic needs of the county;

1-45                 (2)  the quality of existing nursing facility services

1-46     under the state Medicaid program in the county;

1-47                 (3)  the quality of the proposals submitted; and

1-48                 (4)  the degree of community support for additional

1-49     nursing facility services.

1-50           (d)  The department may not contract under this section for

1-51     more than 500 additional nursing home beds in a calendar year.

1-52           SECTION 2.  If, before implementing Section 32.0246, Human

1-53     Resources Code, as added by this Act, the Texas Department of Human

1-54     Services determines that a waiver or authorization from a federal

1-55     agency is necessary for implementation, the department shall

1-56     request the waiver or authorization and may delay implementing that

1-57     section until the waiver or authorization is granted.

1-58           SECTION 3.  The importance of this legislation and the

1-59     crowded condition of the calendars in both houses create an

1-60     emergency and an imperative public necessity that the

1-61     constitutional rule requiring bills to be read on three several

1-62     days in each house be suspended, and this rule is hereby suspended,

1-63     and that this Act take effect and be in force from and after its

1-64     passage, and it is so enacted.

 2-1                                  * * * * *