SRC-TJG C.S.S.B. 1862 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1862
78R16456 CBH-DBy: Bivins
Finance
5/14/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.S.B. 1862 adds each facility owned by the Texas Department of Mental
Health and Mental Retardation (TDMHMR) to the list of certain facilities
for which a quality assurance fee is imposed.  This bill also requires
TDMHMR to pay certain fees and authorizes the Health and Human Services
Commission to use money in the quality assurance fund, together with any
federal money available to match that money, for certain purposes and
under certain conditions.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a) Amends Section 252.202(a), Health and Safety Code, to add
each facility owned by the Texas Department of Mental Health and Mental
Retardation (TDMHMR) to the list of certain facilities for which a quality
assurance fee is imposed. 

(b) Requires TDMHMR, not later than August 31, 2003, to pay for each
facility owned by TDMHMR the quality assurance fee imposed by Section
252.202, Health and Safety Code, as amended by this section, for patient
days occurring between two certain dates. Provides that TDMHMR is not
required to pay that quality assurance fee as provided by this subsection
if this section does not take effect before a certain date and, in that
event, prohibits any appropriation made to TDMHMR for that purpose from
being made available to TDMHMR for that purpose. 

SECTION 2.  Amends Section 252.203, Health and Safety Code, to delete text
relating to the number of beds that are on hold on that day and that have
been placed on hold for a period not to exceed three consecutive calendar
day during which a patient is in a hospital from the formula used by a
facility to determine the number of patient days for each calendar day.
Deletes "home" as a modifier for "leave."  Redesignates existing
Subdivision (3) as (2).  Makes a nonsubstantive change. 

SECTION 3.  Amends Section 252.204(b), Health and Safety Code, to require
each facility to file a certain report with certain entities not later
than the 20th, rather than 10th, day after the last day of the month. 

SECTION 4.  (a) Amends Sections 252.207(a) and (c), Health and Safety
Code, as follows: 

(a) Authorizes, rather than requires, the Health and Human Services
Commission (HHSC), subject to legislative appropriation and state and
federal law, to use money in the quality assurance fund, together with any
federal money available to match that money, for certain purposes.  Makes
nonsubstantive changes. 

(c) Requires HHSC, if money in the quality assurance fund is used to
increase a reimbursement rate in the Medicaid program, to ensure that the
reimbursement methodology used to set that rate, rather than the formula
devised under Subsection (b), provides incentives to increase direct care
staffing and direct care wages and benefits. 
 
(b) Repealer: Section 252.207(b) (regarding reimbursement of facilities),
Health and Safety Code. 

SECTION 5.  Provides that notwithstanding any other statute of this state,
each health and human services agency, as defined by Section 531.001
(Definitions), Government Code, is authorized to reduce expenditures by
taking certain actions. 

SECTION 6.  Authorizes a state agency to delay implementing a provision of
this Act until a requested federal waiver or authorization necessary to
implement that provision is granted and requires the affected agency to
request a waiver of authorization if the agency determines it is
necessary. 

SECTION 7.  Effective date: upon passage or September 1, 2003.