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.

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