By: Moncrief S.B. No. 1764 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 access to nursing facilities in rural counties. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, 1-4 is amended by adding Section 32.0246 to read as follows: 1-5 Sec. 32.0246. NURSING HOME BEDS IN CERTAIN COUNTIES. 1-6 (a) At the request of the commissioners court of a county in which 1-7 not more than two nursing facilities are certified to participate 1-8 in the state Medicaid program, and subject to Subsection (d), the 1-9 department may contract for additional nursing home beds under the 1-10 state Medicaid program in the county without regard to the 1-11 occupancy rate of available Medicaid beds. 1-12 (b) A commissioners court that intends to make a request 1-13 under Subsection (a) shall publish notice of its intent in the 1-14 Texas Register and in a newspaper of general circulation in the 1-15 county. The notice must request: 1-16 (1) comments on whether the request should be made; 1-17 and 1-18 (2) proposals from persons interested in providing 1-19 additional Medicaid beds in the county, including persons providing 1-20 Medicaid beds in a nursing facility with a high occupancy rate. 1-21 (c) A commissioners court shall determine whether to proceed 2-1 with a request after considering all comments and proposals 2-2 received in response to the notices provided under Subsection (b). 2-3 If the commissioners court proceeds with the request, the court may 2-4 recommend that the department contract with a specific nursing 2-5 facility that submitted a proposal. In determining whether to 2-6 proceed with the request and whether to recommend a specific 2-7 nursing facility, the commissioners court shall consider: 2-8 (1) the demographic and economic needs of the county; 2-9 (2) the quality of existing nursing facility services 2-10 under the state Medicaid program in the county; 2-11 (3) the quality of the proposals submitted; and 2-12 (4) the degree of community support for additional 2-13 nursing facility services. 2-14 (d) The department may not contract under this section for 2-15 more than 500 additional nursing home beds in a calendar year. 2-16 SECTION 2. If, before implementing Section 32.0246, Human 2-17 Resources Code, as added by this Act, the Texas Department of Human 2-18 Services determines that a waiver or authorization from a federal 2-19 agency is necessary for implementation, the department shall 2-20 request the waiver or authorization and may delay implementing that 2-21 section until the waiver or authorization is granted. 2-22 SECTION 3. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force from and after its 3-3 passage, and it is so enacted.