By Lucio S.B. No. 1523
77R7480 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nursing facility bed certification under the state
1-3 Medicaid program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.0213, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 32.0213. NURSING FACILITY BED CERTIFICATION AND
1-8 DECERTIFICATION. (a) The department by rule shall establish
1-9 procedures for:
1-10 (1) controlling the number of Medicaid beds in nursing
1-11 facilities;
1-12 (2) decertification of unused Medicaid beds in nursing
1-13 facilities; and
1-14 (3) reallocation of nursing home beds decertified
1-15 under Subdivision (2) to other nursing facilities.
1-16 (b) The department may establish and modify the procedures
1-17 through negotiated rulemaking.
1-18 (c) The procedures established under this section must:
1-19 (1) take into account the occupancy rate of the
1-20 nursing facility; and
1-21 (2) encourage nursing facility competition for
1-22 Medicaid beds.
1-23 (d) [(c)] The department may exempt a nursing facility from
1-24 the procedures established under this section if the facility:
2-1 (1) is affiliated with a state-supported medical
2-2 school;
2-3 (2) is located on land owned or controlled by the
2-4 state-supported medical school; and
2-5 (3) serves as a teaching facility for physicians and
2-6 related health care professionals.
2-7 SECTION 2. (a) The legislature approves the procedures
2-8 established through negotiated rulemaking by the Texas Department
2-9 of Human Services in compliance with Section 32.0213, Human
2-10 Resources Code, including any amendments to those procedures with
2-11 an effective date before April 1, 2001.
2-12 (b) The legislature ratifies any waiver issued by the
2-13 commissioner of human services on or after September 1, 1997, and
2-14 before April 1, 2001, to a nursing facility relating to the number
2-15 of certified Medicaid beds at the facility, provided that the
2-16 facility complies with all applicable requirements for licensure
2-17 and certification.
2-18 SECTION 3. This Act takes effect immediately if it receives
2-19 a vote of two-thirds of all the members elected to each house, as
2-20 provided by Section 39, Article III, Texas Constitution. If this
2-21 Act does not receive the vote necessary for immediate effect, this
2-22 Act takes effect September 1, 2001.