85R10100 JG-F
 
  By: Price H.B. No. 3633
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to cost reporting requirements for certain facilities and
  providers participating in medical assistance programs.
         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 32.0285 to read as follows:
         Sec. 32.0285.  STREAMLINED COST REPORTING AND COST
  VALIDATION FOR CERTAIN PROVIDERS. (a) This section applies to a
  facility providing services under the ICF-IID program, as defined
  by Section 534.001, Government Code, or a home and community-based
  services (HCS) waiver program provider.
         (b)  The executive commissioner shall develop and implement
  a streamlined cost reporting system for facilities and providers to
  which this section applies. The streamlined cost reporting system
  must:
               (1)  be organized by program type; and
               (2)  not later than December 1 of each odd-numbered
  year, require each facility and provider to submit a financial
  statement detailing the applicable program's costs that complies
  with generally accepted accounting principles and contains the
  following cost categories:
                     (A)  total income for each program;
                     (B)  total costs for each program, reported by
  specific expense categories to be determined by commission rule;
                     (C)  total costs for each service unit; and
                     (D)  average payment rates for each program.
         (c)  The commission shall review the financial statement
  required under Subsection (b) and use the financial statement to
  evaluate a facility's or provider's compliance with any obligations
  or requirements for participating in an incentive program
  established under Section 32.028(g).
         (d)  In developing and implementing the streamlined cost
  reporting system, the commission shall:
               (1)  consult with appropriate advisory committees to
  obtain recommendations for the specific expense categories to be
  included in the financial statement;
               (2)  ensure that any recommendations or rules adopted
  based on recommendations provided under Subdivision (1):
                     (A)  reduce administrative burdens and costs on
  facilities and providers; and
                     (B)  are consistent with:
                           (i)  economic efficiency;
                           (ii)  available resources and capacity of
  small businesses; and
                           (iii)  allowable and unallowable program
  costs under Medicaid; and
               (3)  ensure that the streamlined cost reporting system:
                     (A)  is implemented in a way that eases the
  administrative burden on facilities and providers;
                     (B)  establishes the relevant cost baselines and
  framework for the cost determination and rate-setting processes;
  and
                     (C)  provides current and accurate data for
  legislative reporting and budgeting.
         (e)  Not later than January 1 of each even-numbered year, the
  commission shall randomly select 10 facilities and providers whose
  financial reports the commission will use to validate program costs
  reported in the financial statements for the preceding state fiscal
  biennium required under Subsection (b). The executive commissioner
  by rule shall designate small, medium, and large classes of
  providers.  The facilities and providers selected under this
  subsection must include three facilities or providers from the
  small providers class, four facilities or providers from the medium
  providers class, and three facilities or providers from the large
  providers class. The commission shall notify the facilities and
  providers selected under this subsection not later than 120 days
  before the date validation is scheduled to begin.
         (f)  A facility or provider that is selected under Subsection
  (e) shall:
               (1)  cooperate with all reasonable requests from the
  commission for necessary information and data to validate program
  costs;
               (2)  hire additional staff as necessary to ensure
  accurate and timely compliance with this section and rules adopted
  under this section;
               (3)  contract with a certified public accountant to
  audit the information and data collected by the facility or
  provider; and
               (4)  submit detailed information and data of program
  costs along with the report of the audit required under Subdivision
  (3) in the form and manner prescribed by the commission.
         (g)  The commission shall review and analyze the report of
  each audit required under Subsection (f) not later than August 31 of
  each even-numbered year and prepare and submit a report to the
  legislature based on those audits.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  Not later than November 1, 2017, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules necessary to implement the changes in law made by this
  Act.
         SECTION 4.  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, 2017.