84R11512 GCB-D
 
  By: King of Taylor, Crownover H.B. No. 1260
 
  Substitute the following for H.B. No. 1260:
 
  By:  Raymond C.S.H.B. No. 1260
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creation by rule of the Department of Aging and
  Disability Services of a schedule of support services a state
  supported living center may provide and procedures for establishing
  applicable fees for those services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.080, Human Resources Code, is
  amended by adding Subsections (c), (d), and (e) to read as follows:
         (c)  The executive commissioner by rule shall establish:
               (1)  a list of services a state supported living center
  may provide under a contract described by Subsection (a); and
               (2)  procedures for the department to create, maintain,
  and amend as needed a schedule of fees that a state supported living
  center may charge for a service included in the list established by
  rule of the executive commissioner.
         (d)  In creating a schedule of fees, the department shall:
               (1)  use the reimbursement rate for the applicable
  service under the Medicaid program; or
               (2)  modify that rate with a written justification for
  the modification and after holding a public hearing on the issue of
  the modification.
         (e)  Notwithstanding Subsection (c), a state supported
  living center, based on negotiations between the center and a
  managed care organization, as defined by Section 533.001,
  Government Code, may charge a fee for a service other than the fee
  provided by the schedule of fees created by the department under
  this section.
         SECTION 2.  Not later than September 1, 2016, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules listing services a state supported living center
  may provide under a contract and the procedures for the Department
  of Aging and Disability Services to create the schedule of fees for
  those services, as required by Section 161.080, Human Resources
  Code, as amended by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.