By Palmer, Wohlgemuth H.B. No. 2321
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nursing home bed certification and decertification and
1-3 creation of an advisory committee to address nursing facility
1-4 reimbursement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-7 is amended by adding Section 32.0213 to read as follows:
1-8 Sec. 32.0213. NURSING HOME BED CERTIFICATION AND
1-9 DECERTIFICATION. (a) The department by rule shall establish
1-10 procedures to certify and decertify unoccupied nursing home beds in
1-11 accordance with this section.
1-12 (b) Except as provided by other law, to be eligible for
1-13 certification of additional nursing home beds, a nursing facility
1-14 must maintain for those beds an annual average occupancy rate of at
1-15 least 80 percent during the one year preceding the date of the
1-16 request for certification.
1-17 (c) The department may decertify nursing home beds under
1-18 this section if the nursing facility fails to maintain for those
1-19 beds an annual average occupancy rate of at least 80 percent during
1-20 the one year preceding the date on which the decertification is
1-21 effective.
1-22 (d) The department may waive for a newly certified Medicaid
1-23 nursing facility the occupancy rate requirement prescribed by
1-24 Subsection (b) or (c).
2-1 SECTION 2. ADVISORY COMMITTEE. (a) An advisory committee
2-2 to the Texas Department of Human Services is created to develop an
2-3 alternative system of reimbursing nursing facilities under the
2-4 state Medicaid program that more effectively promotes and rewards
2-5 quality care.
2-6 (b) The alternative reimbursement system must be:
2-7 (1) based on a specific set of measurable outcomes;
2-8 and
2-9 (2) designed to ensure that quality nursing facility
2-10 service is recognized and appropriately compensated.
2-11 (c) The advisory committee is composed of:
2-12 (1) 10 members appointed by the Texas Board of Human
2-13 Services as follows:
2-14 (A) two members must be representatives of
2-15 nonprofit nursing facilities;
2-16 (B) three members must be representatives of
2-17 nursing facilities operated for profit;
2-18 (C) three members must represent advocacy groups
2-19 for persons who receive services in nursing facilities; and
2-20 (D) two members must be professionals who
2-21 represent the concerns of the elderly or persons who are disabled;
2-22 and
2-23 (2) the presiding officer of the Texas Board of Human
2-24 Services or a person designated under Subsection (e) of this
2-25 section.
2-26 (d) A person may not be appointed to the advisory committee
2-27 under Subsection (c)(1)(D) of this section if the person or the
3-1 person's spouse:
3-2 (1) is employed by or participates in the management
3-3 of a nursing facility; or
3-4 (2) owns or controls, directly or indirectly, more
3-5 than a 10 percent interest in a nursing facility.
3-6 (e) The presiding officer of the Texas Board of Human
3-7 Services may designate another individual to serve on the advisory
3-8 committee on behalf and under the direction of the presiding
3-9 officer of the board.
3-10 (f) The presiding officer of the Texas Board of Human
3-11 Services or the person designated by the presiding officer under
3-12 Subsection (e) of this section may vote on advisory committee
3-13 action only if necessary to break a tie vote.
3-14 (g) A member of the advisory committee appointed by the
3-15 Texas Board of Human Services serves at the will of the board.
3-16 (h) The members of the advisory committee shall elect a
3-17 presiding officer and any other necessary officers for the
3-18 committee.
3-19 (i) The advisory committee shall meet at the call of the
3-20 presiding officer of the committee.
3-21 (j) A member of the advisory committee receives no
3-22 compensation for serving on the committee, and is not entitled to
3-23 receive reimbursement of expenses incurred while serving on the
3-24 committee.
3-25 (k) The advisory committee is not subject to Article
3-26 6252-33, Revised Statutes.
3-27 SECTION 3. DEADLINE AND REPORT. Not later than November 15,
4-1 1998, the advisory committee created under Section 2 of this Act
4-2 shall:
4-3 (1) complete development of the alternative
4-4 reimbursement system; and
4-5 (2) prepare and deliver a report concerning the
4-6 alternative reimbursement system to the governor, lieutenant
4-7 governor, and clerks of the standing committees of the senate and
4-8 house of representatives with primary jurisdiction over
4-9 reimbursements to nursing facilities under the state Medicaid
4-10 program.
4-11 SECTION 4. APPOINTMENT OF ADVISORY COMMITTEE MEMBERS. Not
4-12 later than November 15, 1997, the Texas Board of Human Services
4-13 shall appoint the members of the advisory committee created under
4-14 Section 2 of this Act.
4-15 SECTION 5. IMPACT ON OTHER REIMBURSEMENT PROPOSALS.
4-16 Sections 2 and 3 of this Act do not prohibit or otherwise affect
4-17 implementation of a modification to the current system of
4-18 reimbursing nursing facilities under the state Medicaid program
4-19 that is:
4-20 (1) proposed before the advisory committee created
4-21 under Section 2 of this Act completes development of an alternative
4-22 reimbursement system; and
4-23 (2) designed to promote and reward quality care.
4-24 SECTION 6. This Act takes effect September 1, 1997.
4-25 SECTION 7. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.