1-1 By: Moncrief S.B. No. 1763 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Health and Human Services; 1-4 April 14, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 10, Nays 0; April 14, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief 1-7 Amend S.B. No. 1763 on page 2, line 1 by striking "30" and 1-8 substituting "90". 1-9 COMMITTEE AMENDMENT NO. 2 By: Moncrief 1-10 "Amend S.B. No. 1763 by striking lines 57-59 on page 1 and lines 1 1-11 and 2 on page 2 and substituting the following: 1-12 Sec. 32.0247. REALLOCATION OF UNOCCUPIED MEDICAID-CERTIFIED 1-13 NURSING FACILITY BEDS. The department may make one or more 1-14 Medicaid-certified beds which remain unoccupied in a facility for 1-15 more than 180 consecutive days available for contracts with other 1-16 facilities. The department shall by rule adopt procedures to 1-17 implement this section. The department shall take into 1-18 consideration the history of violations of a facility losing or 1-19 receiving a certified bed and shall reallocate beds in a manner 1-20 which enhances consumer choice and promotes quality of care." 1-21 COMMITTEE AMENDMENT NO. 3 By: Carona 1-22 Amend S.B. No. 1763 by striking SECTION 2 on page 1, lines 55-59 1-23 and page 2, lines 1 and 2 in its entirety, and renumber the 1-24 remaining SECTIONS accordingly. 1-25 A BILL TO BE ENTITLED 1-26 AN ACT 1-27 relating to the authority of the Texas Department of Human Services 1-28 to contract for Medicaid-certified beds in nursing facilities. 1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-30 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, 1-31 is amended by adding Section 32.0246 to read as follows: 1-32 Sec. 32.0246. WAIVER OF RESTRICTIONS ON CONTRACTING FOR 1-33 CERTIFIED NURSING FACILITY BEDS. (a) The department may waive any 1-34 restriction imposed by state law on the authority to contract for 1-35 Medicaid beds in a facility, regardless of the percentage of 1-36 Medicaid beds occupied in a geographic area, if: 1-37 (1) the facility requests a waiver; and 1-38 (2) the department has not imposed a Category II or 1-39 Category III remedy on the facility within the preceding 24-month 1-40 period. 1-41 (b) The department shall waive any restriction imposed by 1-42 state law on the authority to contract for Medicaid beds in a 1-43 facility, regardless of the percentage of Medicaid beds occupied in 1-44 a geographic area, if: 1-45 (1) the facility meets the requirements of Subsections 1-46 (a)(1) and (2) of this section; and 1-47 (2) the contracted beds permitted by the waiver are 1-48 for residents who: 1-49 (A) were not eligible for Medicaid at the time 1-50 they were admitted to the facility; 1-51 (B) have been residents of the facility for at 1-52 least six consecutive months before becoming eligible for Medicaid; 1-53 and 1-54 (C) become eligible for Medicaid. 1-55 SECTION 2. Subchapter B, Chapter 32, Human Resources Code, 1-56 is amended by adding Section 32.0247 to read as follows: 1-57 Sec. 32.0247. RELEASE OF UNOCCUPIED MEDICAID-CERTIFIED 1-58 NURSING FACILITY BEDS. The department shall by rule establish 1-59 procedures to make Medicaid-certified beds which remain unoccupied 1-60 in a facility for more than 30 consecutive days available for 1-61 contracts with other facilities. 1-62 SECTION 3. The Texas Department of Human Services shall 1-63 adopt rules necessary to implement this Act no later than October 1-64 1, 1997. 2-1 SECTION 4. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended. 2-6 * * * * *