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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a council on long-term care facilities and |
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the duties of that council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0581 to read as follows: |
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Sec. 531.0581. LONG-TERM CARE FACILITIES COUNCIL. (a) In |
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this section: |
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(1) "Council" means the Long-Term Care Facilities |
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Council. |
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(2) "Long-term care facility" means a facility subject |
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to regulation under Section 32.021(d), Human Resources Code, or |
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Chapter 242, 247, or 252, Health and Safety Code. |
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(b) The executive commissioner shall establish a Long-Term |
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Care Facilities Council as a permanent advisory committee to the |
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commission. The council is composed of the following members |
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appointed by the executive commissioner: |
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(1) at least one member who is a for-profit nursing |
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facility provider; |
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(2) at least one member who is a nonprofit nursing |
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facility provider; |
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(3) at least one member who is an assisted living |
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services provider; |
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(4) at least one member responsible for survey |
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enforcement within the state survey and certification agency; |
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(5) at least one member responsible for survey |
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inspection within the state survey and certification agency; |
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(6) at least one member of the state agency |
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responsible for informal dispute resolution; |
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(7) at least one member with expertise in Medicaid |
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quality-based payment systems for long-term care facilities; |
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(8) at least one member who is a practicing medical |
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director of a long-term care facility; and |
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(9) at least one member who is a physician with |
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expertise in infectious disease or public health. |
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(c) The executive commissioner shall designate a member of |
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the council to serve as presiding officer. The members of the |
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council shall elect any other necessary officers. |
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(d) A member of the council serves at the will of the |
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executive commissioner. |
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(e) The council shall meet at the call of the executive |
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commissioner. |
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(f) A member of the council is not entitled to reimbursement |
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of expenses or to compensation for service on the council. |
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(g) The council shall study and make recommendations |
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regarding a consistent survey and informal dispute resolution |
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process for long-term care facilities and regarding Medicaid |
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quality-based payment systems for those facilities. The council |
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shall: |
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(1) study and make recommendations regarding best |
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practices and protocols to make survey, inspection, and informal |
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dispute resolution processes more efficient and less burdensome on |
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long-term care facilities; |
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(2) recommend uniform standards for those processes; |
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and |
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(3) study and make recommendations regarding Medicaid |
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quality-based payment systems and a rate-setting methodology for |
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long-term care facilities. |
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(h) Not later than January 1 of each odd-numbered year, the |
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council shall submit a report on the council's findings and |
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recommendations to the executive commissioner, the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the chairs of the appropriate legislative committees. |
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(i) Chapter 2110 does not apply to the council. |
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SECTION 2. (a) In this section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Long-Term Care Facilities Council" means the |
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council established under Section 531.0581, Government Code, as |
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added by this Act. |
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(3) "Long-term care facility" has the meaning assigned |
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by Section 531.0581, Government Code, as added by this Act. |
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(b) Not later than September 1, 2021, the Long-Term Care |
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Facilities Council shall assess the impact the implementation of |
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Section 2, Chapter 1117 (H.B. 3523), Acts of the 84th Legislature, |
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Regular Session, 2015, which amended Section 533.00251(c), |
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Government Code, effective September 1, 2021, would have on |
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long-term care facilities and make a recommendation to the |
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commission regarding its implementation. Notwithstanding that |
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section, if the council advises that implementing that section |
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would have a significant impact on long-term care facilities, the |
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commission may delay the implementation of that section until |
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September 1, 2023, provided that the commission publishes notice of |
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that delay in the Texas Register as soon as practicable. |
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(c) This section expires September 1, 2023. |
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SECTION 3. Not later than December 1, 2019, the executive |
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commissioner of the Health and Human Services Commission shall |
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establish the Long-Term Care Facilities Council and appoint the |
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council members as required by Section 531.0581, Government Code, |
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as added by this Act. |
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SECTION 4. The Health and Human Services Commission is |
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required to implement a provision of this Act only if the |
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legislature appropriates money to the commission specifically for |
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that purpose. If the legislature does not appropriate money |
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specifically for that purpose, the commission may, but is not |
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required to, implement a provision of this Act using other |
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appropriations that are available for that purpose. |
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SECTION 5. 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, 2019. |