SRC-JEC S.B. 1523 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1523
77R7480 KKA-DBy: Lucio
Health & Human Services
4/17/2001
As Filed


DIGEST AND PURPOSE 

The Texas Legislature previously authorized the Department of Human
Services to establish procedures for the certification and decertification
of Medicaid nursing facility beds; procedures have since been established
and written into code.  As proposed, S.B. 1523 approves the procedures
already established, including amendments to those procedures, and ratifies
waivers.  It also adds the stipulation that the department encourage
nursing facility competition in its consideration of certification and
decertification of beds. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission or an agency operating part of the medical assistance program,
as appropriate, in SECTION 1 (Section 32.0213, Human Resources Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.0213, Human Resources Code, to authorize the
Health and Human Services Commission or an agency operating part of the
medical assistance program, as appropriate (department), to establish and
modify the procedures regarding nursing facility beds through negotiated
rulemaking.  Requires the procedures established under this section to
encourage nursing facility competition for Medicaid beds. 

SECTION 2.  (a)  Provides that the legislature approves the procedures
established through negotiated rulemaking by the department in compliance
with Section 32.0213, Human Resources Code, including any amendments to
those procedures with an effective date before April 1, 2001. 

(b)  Provides that the legislature ratifies any waiver issued by the
commissioner of human services on or after September 1, 1997, and before
April 1, 2001, to a nursing facility relating to the number of certified
Medicaid beds at the facility, provided that the facility complies with all
applicable requirements for licensure and certification. 

SECTION 3.  Effective date: upon passage or September 1, 2001.