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A BILL TO BE ENTITLED
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AN ACT
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relating to licensing and certification requirements for certain |
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health facilities and to the allocation of Medicaid beds in certain |
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of those facilities; increasing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.034(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board may establish by rule license fees for |
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institutions licensed by the department under this chapter. The |
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license fee may not exceed $375 [$250] plus: |
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(1) $15 [$10] for each unit of capacity or bed space |
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for which a license is sought; and |
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(2) a background examination fee imposed under |
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Subsection (d). |
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SECTION 2. Section 242.040, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsection (f) to |
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read as follows: |
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(c) The board by rule may adopt standards for the |
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specialized care and treatment of persons with Alzheimer's disease |
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and related disorders and provide procedures for institutions |
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applying for certification under this section. The rules must |
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provide for a three-year certification period [annual
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certification]. |
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(f) The executive commissioner by rule shall adopt a system |
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under which an appropriate number of certifications issued by the |
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department expire on staggered dates occurring in each three-year |
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period. If the expiration date of a certification changes as a |
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result of this subsection, the department shall prorate the |
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certification fee relating to that certification as appropriate. |
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SECTION 3. Section 32.0213, Human Resources Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) The executive commissioner of the Health and Human |
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Services Commission by rule may require an applicant for Medicaid |
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beds in a nursing facility under a Medicaid bed waiver application |
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to provide a performance bond in the amount of $500,000 or other |
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financial security as determined by the department to ensure that |
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the applicant provides the Medicaid beds granted to the applicant |
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under the waiver within the time frame required by the department. |
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A performance bond provided under this subsection must: |
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(1) be executed by a corporate entity in accordance |
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with Subchapter A, Chapter 3503, Insurance Code; |
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(2) be in a form approved by the department; and |
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(3) clearly and prominently display on the face of the |
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bond or on an attachment to the bond: |
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(A) the name, mailing address, physical address, |
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and telephone number, including the area code, of the surety |
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company to which any notice of claim should be sent; or |
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(B) the toll-free telephone number maintained by |
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the Texas Department of Insurance under Subchapter B, Chapter 521, |
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Insurance Code, and a statement that the address of the surety |
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company to which any notice of claim should be sent may be obtained |
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from the Texas Department of Insurance by calling the toll-free |
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telephone number. |
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(e) The department may not require an applicant for Medicaid |
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beds in a nursing facility to obtain a performance bond from a |
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specific insurance or surety agency, agent, or broker. |
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(f) The executive commissioner by rule shall adopt criteria |
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to exempt certain applicants for Medicaid beds from the |
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requirements of Subsection (d), including applicants that are |
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licensed facilities with existing Medicaid bed allocations, |
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criminal justice facilities, teaching facilities, and state |
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veterans homes, and any other applicants that the executive |
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commissioner finds good cause to exempt. The executive |
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commissioner may modify the criteria for granting exemptions under |
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this subsection as necessary to meet the objectives of Subsection |
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(d). |
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SECTION 4. (a) Section 242.034(a), Health and Safety Code, |
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as amended by this Act, applies only to a license application, |
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including a renewal application, filed on or after the effective |
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date of this Act. A license application, including a renewal |
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application, filed before that date is governed by the law in effect |
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on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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(b) Sections 32.0213(d), (e), and (f), Human Resources |
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Code, as added by this Act, apply only to an application filed on or |
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after the effective date of this Act for Medicaid beds in a nursing |
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facility. An application filed before that date is governed by the |
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law in effect on the date the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |