85R24665 EES-F
 
  By: Clardy, et al. H.B. No. 2570
 
  Substitute the following for H.B. No. 2570:
 
  By:  Minjarez C.S.H.B. No. 2570
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the legislative oversight committee on
  the allocation of Medicaid beds in nursing facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02131 to read as follows:
         Sec. 32.02131.  LEGISLATIVE OVERSIGHT COMMITTEE ON THE
  ALLOCATION OF MEDICAID BEDS IN NURSING FACILITIES. (a) In this
  section:
               (1)  "Committee" means the legislative oversight
  committee on the allocation of Medicaid beds in nursing facilities.
               (2)  "Nursing facility" means a nursing facility
  licensed under Chapter 242, Health and Safety Code, that is a
  provider under Medicaid.
         (b)  The committee is composed of six members as follows:
               (1)  two members of the senate and, subject to
  Subsection (d), one representative of an owner or operator of a
  nursing facility appointed by the lieutenant governor; and
               (2)  two members of the house of representatives and,
  subject to Subsection (d), one representative of an owner or
  operator of a nursing facility appointed by the speaker of the house
  of representatives.
         (c)  A committee member serves at the pleasure of the
  appointing official.
         (d)  Each committee member who is a representative of an
  owner or operator of a nursing facility must reside in this state
  and be involved in the day-to-day operation of the nursing
  facility.
         (e)  The lieutenant governor and the speaker of the house of
  representatives shall appoint the presiding officer of the
  committee on an alternating basis. The presiding officer shall
  serve a two-year term that expires February 1 of each odd-numbered
  year.
         (f)  A vacancy on the committee shall be filled in the same
  manner as the original appointment.
         (g)  The committee shall:
               (1)  meet at the call of the presiding officer;
               (2)  research, take public testimony, and issue reports
  requested by the lieutenant governor or the speaker of the house of
  representatives relating to the allocation of Medicaid beds in
  nursing facilities in this state;
               (3)  monitor the effectiveness of the existing rules
  adopted by the executive commissioner relating to the procedures
  for certifying and decertifying Medicaid beds in nursing facilities
  established under Section 32.0213 and consider the need for
  modifications to existing rules to better control the procedures
  for certifying and decertifying Medicaid beds in nursing
  facilities;
               (4)  receive, review, and comment on rules proposed by
  the executive commissioner relating to the procedures for
  certifying and decertifying Medicaid beds in nursing facilities
  established under Section 32.0213; and
               (5)  review recommendations for legislation relating
  to the procedures for certifying and decertifying Medicaid beds in
  nursing facilities.
         (h)  The committee may:
               (1)  propose legislation relating to the procedures for
  certifying and decertifying Medicaid beds in nursing facilities
  established under Section 32.0213;
               (2)  request reports and other information from the
  commission; and
               (3)  issue process, in accordance with Section 301.024,
  Government Code, to compel attendance of witnesses and the
  production of books, records, documents, and instruments required
  by the committee.
         (i)  The committee shall use the existing staff resources of
  the senate and the house of representatives to assist the committee
  in performing its duties under this section.
         (j)  A member of the committee may not receive compensation
  for serving on the committee but is entitled to reimbursement for
  travel expenses incurred by the member while conducting the
  business of the committee, as provided in the General
  Appropriations Act.
         (k)  Not later than November 15 of each even-numbered year,
  the committee shall submit a report on the committee's activities
  and the results of the committee's work to the governor, the
  lieutenant governor, and the speaker of the house of
  representatives.
         (l)  The committee is abolished and this section expires
  September 1, 2021.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the lieutenant governor and the speaker of the house of
  representatives shall appoint members to the legislative oversight
  committee on the allocation of Medicaid beds in nursing facilities
  as required by Section 32.02131, Human Resources Code, as added by
  this Act. The speaker of the house of representatives shall appoint
  the first presiding officer of the committee.
         SECTION 3.  This Act takes effect September 1, 2017.