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.