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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of a nursing facility quality-based |
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payment incentives program and a program to increase direct care |
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staff and wages under Medicaid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 32.028(g) and (i), Human Resources |
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Code, are amended to read as follows: |
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(g) Subject to Subsection (i), the executive commissioner |
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shall ensure that the rules governing the determination of rates |
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paid for nursing facility services improve the quality of care by: |
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(1) providing a program offering nursing facility |
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quality-based payment incentives and a program for increasing |
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direct care staff and direct care wages and benefits[, but only to
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the extent that appropriated funds are available after money is
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allocated to base rate reimbursements as determined by the
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commission's nursing facility rate setting methodologies]; and |
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(2) if appropriated funds are available after money is |
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allocated for payment of incentive-based rates under Subdivision |
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(1), providing incentives that incorporate the use of a quality of |
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care index, a customer satisfaction index, and a resolved |
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complaints index developed by the commission. |
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(i) The executive commissioner shall ensure that rules |
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governing an [the] incentives program described by Subsection |
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(g)(1): |
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(1) provide that participation in the program by a |
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nursing facility is voluntary; |
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(2) do not impose on a nursing facility not |
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participating in the program a minimum spending requirement for |
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direct care staff wages and benefits; |
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(3) do not set a base rate for a nursing facility |
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participating in the program that is more than the base rate for a |
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nursing facility not participating in the program; and |
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(4) establish a funding process to provide incentives |
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for increasing direct care staff and direct care wages and benefits |
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in accordance with appropriations provided. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |