|
|
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. Subsections (g) and (i), Section 32.028, Human |
|
|
Resources Code, are amended to read as follows: |
|
|
(g) Subject to Subsection (i), the Health and Human Services |
|
|
Commission shall ensure that the rules governing the determination |
|
|
of rates paid for nursing home services improve the quality of care |
|
|
by: |
|
|
(1) providing a program offering incentives for |
|
|
increasing direct care staff and direct care wages and benefits, |
|
|
[but only to the extent that appropriated funds are available after
|
|
|
money is allocated to base rate reimbursements] as determined by |
|
|
the Health and Human Services Commission's nursing facility rate |
|
|
setting methodologies; and |
|
|
(2) if appropriated funds are available after money is |
|
|
allocated for payment of incentive-based rates under Subdivision |
|
|
(1), providing incentives that incorporate the use of a quality of |
|
|
care index, a customer satisfaction index, and a resolved |
|
|
complaints index developed by the commission. |
|
|
(i) Changes in funding for nursing facility payment rates |
|
|
are intended to change the base rate and incentive-based rate by |
|
|
equal percentages. The Health and Human Services Commission shall |
|
|
ensure that rules governing the incentives program described by |
|
|
Subsection (g)(1): |
|
|
(1) provide that participation in the program by a |
|
|
nursing home is voluntary; |
|
|
(2) do not impose on a nursing home not participating |
|
|
in the program a minimum spending requirement for direct care staff |
|
|
wages and benefits; |
|
|
(3) do not set a base rate for a nursing home |
|
|
participating in the program that is more than the base rate for a |
|
|
nursing home not participating in the program; and |
|
|
(4) establish a funding process to provide incentives |
|
|
for increasing direct care staff and direct care wages and benefits |
|
|
in accordance with appropriations provided. |
|
|
SECTION 2. If before implementing any provision of this Act |
|
|
a state agency determines that a waiver or authorization from a |
|
|
federal agency is necessary for implementation of that provision, |
|
|
the agency affected by the provision shall request the waiver or |
|
|
authorization and may delay implementing that provision until the |
|
|
waiver or authorization is granted. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |