| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to licensing, certification, and arbitration requirements |
|
|
for certain health facilities and to the allocation of Medicaid |
|
|
beds in those facilities; increasing fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 242.034(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The board may establish by rule license fees for |
|
|
institutions licensed by the department under this chapter. The |
|
|
license fee may not exceed $375 [$250] plus: |
|
|
(1) $15 [$10] for each unit of capacity or bed space |
|
|
for which a license is sought; and |
|
|
(2) a background examination fee imposed under |
|
|
Subsection (d). |
|
|
SECTION 2. Section 242.040, Health and Safety Code, is |
|
|
amended by amending Subsection (c) and adding Subsection (f) to |
|
|
read as follows: |
|
|
(c) The board by rule may adopt standards for the |
|
|
specialized care and treatment of persons with Alzheimer's disease |
|
|
and related disorders and provide procedures for institutions |
|
|
applying for certification under this section. The rules must |
|
|
provide for a three-year certification period [annual
|
|
|
certification]. |
|
|
(f) The executive commissioner by rule shall adopt a system |
|
|
under which an appropriate number of certifications issued by the |
|
|
department expire on staggered dates occurring in each three-year |
|
|
period. If the expiration date of a certification changes as a |
|
|
result of this subsection, the department shall prorate the |
|
|
certification fee relating to that certification as appropriate. |
|
|
SECTION 3. Section 242.252(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Subsection (d), an affected |
|
|
institution or the department may elect binding arbitration of any |
|
|
dispute to which this subchapter applies. Arbitration under this |
|
|
subchapter is an alternative to a contested case hearing or to a |
|
|
judicial proceeding relating to the assessment of a civil penalty. |
|
|
SECTION 4. Section 32.0213, Human Resources Code, is |
|
|
amended by adding Subsections (d) and (e) to read as follows: |
|
|
(d) The department by rule may require an applicant for |
|
|
additional Medicaid beds in a nursing facility to provide a |
|
|
performance bond payable to the department in the amount of |
|
|
$500,000 conditioned on the applicant providing the Medicaid beds |
|
|
granted to the applicant within the time frame required by the |
|
|
department. The performance bond must: |
|
|
(1) be executed by a corporate entity in accordance |
|
|
with Subchapter A, Chapter 3503, Insurance Code; |
|
|
(2) be in a form approved by the attorney general; and |
|
|
(3) clearly and prominently display on the face of the |
|
|
bond or on an attachment to the bond: |
|
|
(A) the name, mailing address, physical address, |
|
|
and telephone number, including the area code, of the surety |
|
|
company to which any notice of claim should be sent; or |
|
|
(B) the toll-free telephone number maintained by |
|
|
the Texas Department of Insurance under Subchapter B, Chapter 521, |
|
|
Insurance Code, and a statement that the address of the surety |
|
|
company to which any notice of claim should be sent may be obtained |
|
|
from the Texas Department of Insurance by calling the toll-free |
|
|
telephone number. |
|
|
(e) The department may not require an applicant for |
|
|
additional Medicaid beds in a nursing home to obtain a performance |
|
|
bond from a specific insurance or surety agency, agent, or broker. |
|
|
SECTION 5. (a) Section 242.034(a), Health and Safety Code, |
|
|
as amended by this Act, applies only to a license application, |
|
|
including a renewal application, filed on or after the effective |
|
|
date of this Act. A license application, including a renewal |
|
|
application, filed before the effective date of this Act is |
|
|
governed by the law in effect when the application was filed, and |
|
|
the former law is continued in effect for that purpose. |
|
|
(b) Sections 32.0213(d) and (e), Human Resources Code, as |
|
|
added by this Act, apply only to an application for additional |
|
|
nursing home beds filed on or after the effective date of this Act. |
|
|
An application filed before that date is governed by the law in |
|
|
effect on the date the application is filed, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2013. |