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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursement rates for nursing home services provided |
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to Medicaid recipients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.021(e), Government Code, is amended |
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to read as follows: |
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(e) Notwithstanding any other provision of Chapter 32, |
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Human Resources Code, Chapter 533, or this chapter, the commission |
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may: |
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(1) adjust the fees, charges, and rates paid to |
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Medicaid providers as necessary to achieve the objectives of the |
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Medicaid program in a manner consistent with the considerations |
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described by Subsection (d); and |
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(2) adjust the fees, charges, and rates paid for |
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nursing home services based on the commission's findings related to |
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factors analyzed under Section 32.028(q), Human Resources Code. |
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SECTION 2. Section 32.028, Human Resources Code, is amended |
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by amending Subsection (n) and adding Subsection (q) to read as |
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follows: |
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(n) The executive commissioner of the Health and Human |
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Services Commission [commission] shall ensure that rules governing |
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the determination of rates paid for nursing home services provide |
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for the reporting of all revenue received and costs incurred, |
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without regard to whether a cost is an allowable cost for |
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reimbursement under the medical assistance program, except: |
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(1) as provided by Subsection (h); and |
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(2) a penalty imposed under this chapter or Chapter |
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242, Health and Safety Code. |
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(q) The Health and Human Services Commission shall |
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periodically conduct an analysis of the base rates paid for nursing |
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home services provided under the medical assistance program to |
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enable the executive commissioner of the commission to |
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appropriately set future rates. In conducting the analysis, the |
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commission may consider any factors the commission considers |
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relevant, including: |
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(1) the costs incurred by nursing homes to provide |
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services to recipients of medical assistance; |
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(2) the inflation rate; |
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(3) rates paid in other states for comparable |
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services; and |
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(4) incentives offered under Subsection (g) to improve |
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quality of care. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2009. |