By: Moncrief S.B. No. 1763 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. 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 (a)(1) and 1-20 (2) of this Section; and 1-21 (2) the contracted beds permitted by the waiver are 2-1 for residents who: 2-2 (A) were not eligible for Medicaid at the time 2-3 they were admitted to the facility; 2-4 (B) have been residents of the facility for at 2-5 least six consecutive months before becoming eligible for Medicaid; 2-6 and 2-7 (C) become eligible for Medicaid. 2-8 SECTION 2. Subchapter B, Chapter 32, Human Resources Code, 2-9 is amended by adding Section 32.0247 to read as follows: 2-10 Sec. 32.0247 RELEASE OF UNOCCUPIED MEDICAID CERTIFIED 2-11 NURSING FACILITY BEDS The department shall by rule establish 2-12 procedures to make Medicaid-certified beds which remain unoccupied 2-13 in a facility for more than 30 consecutive days available for 2-14 contracts with other facilities. 2-15 SECTION 3. The department shall adopt rules necessary to 2-16 implement this Act no later than October 1, 1997. 2-17 SECTION 4. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.