By Maxey                                         H.B. No. 987

      75R2216 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the development of a quality-based system of

 1-3     reimbursing nursing facilities under the state Medicaid program.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  ADVISORY COMMITTEE.  (a)  An advisory committee

 1-6     to the Texas Department of Human Services is created to develop a

 1-7     quality index for use by the department in reimbursing nursing

 1-8     facility providers for the delivery of medical assistance under the

 1-9     state Medicaid program.

1-10           (b)  The quality index must be:

1-11                 (1)  based on a specific set of measurable outcomes;

1-12     and

1-13                 (2)  designed to ensure that quality nursing facility

1-14     service is recognized and appropriately compensated.

1-15           (c)  The advisory committee is composed of:

1-16                 (1)  10 members appointed by the Texas Board of Human

1-17     Services as follows:

1-18                       (A)  two members must be representatives of

1-19     nonprofit nursing facilities;

1-20                       (B)  three members must be representatives of

1-21     nursing facilities operated for profit; and

1-22                       (C)  five members must represent advocacy groups

1-23     for persons who receive services in nursing facilities; and

1-24                 (2)  the presiding officer of the Texas Board of Human

 2-1     Services.

 2-2           (d)  The presiding officer of the Texas Board of Human

 2-3     Services may vote on advisory committee action only if necessary to

 2-4     break a tie vote.

 2-5           (e)  A member of the advisory committee appointed by the

 2-6     Texas Board of Human Services serves at the will of the board.

 2-7           (f)  The members of the advisory committee shall elect a

 2-8     presiding officer and any other necessary officers.

 2-9           (g)  The advisory committee shall meet at the call of the

2-10     presiding officer of the committee.

2-11           (h)  A member of the advisory committee receives no

2-12     compensation for serving on the committee.  The Texas Department of

2-13     Human Services is responsible for the expenses of a member's

2-14     service on the committee.

2-15           (i)  The advisory committee is not subject to Article

2-16     6252-33, Revised Statutes.

2-17           SECTION 2.  DEADLINE AND REPORT.  Not later than November 15,

2-18     1998, the advisory committee created under Section 1 of this Act

2-19     shall:

2-20                 (1)  complete development of the quality index; and

2-21                 (2)  prepare and deliver a report concerning the

2-22     quality index to the governor, lieutenant governor, and clerks of

2-23     the standing committees of the senate and house of representatives

2-24     with primary jurisdiction over reimbursements to nursing facilities

2-25     under the state Medicaid program.

2-26           SECTION 3.  APPOINTMENT OF ADVISORY COMMITTEE MEMBERS.  As

2-27     soon as possible after the effective date of this Act, the Texas

 3-1     Board of Human Services shall appoint the members of the advisory

 3-2     committee created under Section 1 of this Act.

 3-3           SECTION 4.  EXPIRATION DATE.  This Act expires June 1, 1999.

 3-4           SECTION 5.  EMERGENCY.  The importance of this legislation

 3-5     and the crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended,

 3-9     and that this Act take effect and be in force from and after its

3-10     passage, and it is so enacted.