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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for nursing home facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.028, Human Resources Code, is amended |
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by adding Subsection (q) to read as follows: |
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(q) Subject to Subsection (h) and notwithstanding any other |
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law, rules and standards governing the determination of base rates |
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paid for nursing home services must ensure that providers of those |
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services are reimbursed at a rate that maximizes federal matching |
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funding and ensures that the demand for nursing home facilities is |
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met in locations throughout this state. |
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SECTION 2. The legislature finds that the need for nursing |
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home facilities in this state is increasing while the number of |
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facilities are decreasing due to inadequate funding. Further, the |
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lack of adequate facilities in some areas of the state may force |
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individuals needing nursing home care to move to a facility that is |
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far away from family. |
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SECTION 3. (a) The Department of State Health Services |
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shall study the problem of funding of nursing home facilities in |
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this state. The study shall address all available sources of |
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funding from state and federal resources and determine whether the |
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state is taking advantage of all federal funding for nursing homes |
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for which the state is eligible. |
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(b) The Department of State Health Services shall identify |
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strategies and make recommendations to maximize available funding |
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for nursing home facilities in this state. |
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SECTION 4. Not later than December 1, 2010, the Department |
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of State Health Services shall submit a report to the legislature on |
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the study conducted under this Act. |
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SECTION 5. 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 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |