78R7109 KKA-F

By:  Jackson                                                      S.B. No. 1756



A BILL TO BE ENTITLED

AN ACT

relating to Medicaid incentive payments for direct nursing care 
provided by nursing homes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.028, Human Resources Code, is amended 
by adding Subsection (i) to read as follows:
	(i)  Notwithstanding Subsection (g), the Health and Human 
Services Commission shall ensure that rules governing the incentive 
program described by Subsection (g)(1):
		(1)  provide that participation by a nursing home in 
the incentive program is completely voluntary; and
		(2)  do not impose a minimum spending requirement for 
direct care staff or direct care wages and benefits on a nursing 
home that does not participate in the incentive program.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.