By: Moncrief S.B. No. 1763
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of the Texas Department of Human Services
1-2 to contract for Medicaid-certified beds in nursing facilities.
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. WAIVER OF RESTRICTIONS ON CONTRACTING FOR
1-7 CERTIFIED NURSING FACILITY BEDS. (a) The department may waive any
1-8 restriction imposed by state law on the authority to contract for
1-9 Medicaid beds in a facility, regardless of the percentage of
1-10 Medicaid beds occupied in a geographic area, if:
1-11 (1) the facility requests a waiver; and
1-12 (2) the department has not imposed a Category II or
1-13 Category III remedy on the facility within the preceding 24-month
1-14 period.
1-15 (b) The department shall waive any restriction imposed by
1-16 state law on the authority to contract for Medicaid beds in a
1-17 facility, regardless of the percentage of Medicaid beds occupied in
1-18 a geographic area, if:
1-19 (1) the facility meets the requirements of Subsections
1-20 (a)(1) and (2) of this section; and
1-21 (2) the contracted beds permitted by the waiver are
1-22 for residents who:
1-23 (A) were not eligible for Medicaid at the time
2-1 they were admitted to the facility;
2-2 (B) have been residents of the facility for at
2-3 least six consecutive months before becoming eligible for Medicaid;
2-4 and
2-5 (C) become eligible for Medicaid.
2-6 SECTION 2. The Texas Department of Human Services shall
2-7 adopt rules necessary to implement this Act no later than October
2-8 1, 1997.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.