| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to licensing and certification requirements for certain |
|
|
health facilities and to the allocation of Medicaid beds in certain |
|
|
of 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 32.0213, Human Resources Code, is |
|
|
amended by adding Subsections (d), (e), and (f) to read as follows: |
|
|
(d) The executive commissioner of the Health and Human |
|
|
Services Commission by rule may require an applicant for Medicaid |
|
|
beds in a nursing facility under a Medicaid bed waiver application |
|
|
to provide a performance bond in the amount of $500,000 or other |
|
|
financial security as determined by the department to ensure that |
|
|
the applicant provides the Medicaid beds granted to the applicant |
|
|
under the waiver within the time frame required by the department. |
|
|
A performance bond provided under this subsection 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 department; 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 Medicaid |
|
|
beds in a nursing facility to obtain a performance bond from a |
|
|
specific insurance or surety agency, agent, or broker. |
|
|
(f) The executive commissioner by rule shall adopt criteria |
|
|
to exempt certain applicants for Medicaid beds from the |
|
|
requirements of Subsection (d), including applicants that are |
|
|
licensed facilities with existing Medicaid bed allocations, |
|
|
criminal justice facilities, teaching facilities, and state |
|
|
veterans homes, and any other applicants that the executive |
|
|
commissioner finds good cause to exempt. The executive |
|
|
commissioner may modify the criteria for granting exemptions under |
|
|
this subsection as necessary to meet the objectives of Subsection |
|
|
(d). |
|
|
SECTION 4. (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 that date is governed by the law in effect |
|
|
on the date the application was filed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
(b) Sections 32.0213(d), (e), and (f), Human Resources |
|
|
Code, as added by this Act, apply only to an application filed on or |
|
|
after the effective date of this Act for Medicaid beds in a nursing |
|
|
facility. An application filed before that date is governed by the |
|
|
law in effect on the date the application was filed, and the former |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2013. |
|
|
|
|
|
* * * * * |