81R26671 KLA-D
 
  By: Rose H.B. No. 4158
 
  Substitute the following for H.B. No. 4158:
 
  By:  Rose C.S.H.B. No. 4158
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reimbursement rates for nursing home services provided
  to Medicaid recipients.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.028, Human Resources Code, is amended
  by amending Subsection (n) and adding Subsection (q) to read as
  follows:
         (n)  The executive commissioner of the Health and Human
  Services Commission [commission] shall ensure that rules governing
  the determination of rates paid for nursing home services provide
  for the reporting of all revenue received and costs incurred,
  without regard to whether a cost is an allowable cost for
  reimbursement under the medical assistance program, except:
               (1)  as provided by Subsection (h); and
               (2)  a penalty imposed under this chapter or Chapter
  242, Health and Safety Code.
         (q)  The Health and Human Services Commission shall
  periodically conduct an analysis of the base rates paid for nursing
  home services provided under the medical assistance program to
  enable the executive commissioner of the commission to
  appropriately set future rates. In conducting the analysis, the
  commission may consider any factors the commission considers
  relevant, including:
               (1)  the costs incurred by nursing homes to provide
  services to recipients of medical assistance;
               (2)  general and health-care specific inflation
  issues;
               (3)  rates paid in other states for comparable
  services; and
               (4)  incentives offered under Subsection (g) to improve
  quality of care.
         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, 2009.