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.