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A BILL TO BE ENTITLED
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AN ACT
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relating to the continued reimbursement under Medicaid for nursing |
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facilities after a change in ownership. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 532, Government Code, is |
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amended by adding Section 532.0159 to read as follows: |
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Sec. 532.0159. CONTINUED REIMBURSEMENT OF NURSING |
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FACILITIES AFTER CHANGE IN OWNERSHIP. (a) The commission shall |
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ensure that a nursing facility providing Medicaid services to |
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recipients continues to receive Medicaid reimbursement |
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uninterrupted after the facility experiences a change in ownership, |
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provided the facility under the new ownership: |
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(1) is enrolled as a provider under Medicare, if |
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required, and Medicaid; |
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(2) satisfies the applicable requirements of state |
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law, including: |
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(A) the requirements of this subtitle and Chapter |
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32, Human Resources Code; and |
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(B) the licensing requirement under Chapter 242, |
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Health and Safety Code; |
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(3) if required by the terms of and agreed to by the |
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parties to the contract, assumes the contract in effect before the |
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change in ownership; |
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(4) subject to Subsection (b), enters into a successor |
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liability agreement, approved by the commission; and |
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(5) meets any additional requirements prescribed by |
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the commission. |
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(b) A successor liability agreement under Subsection (a)(4) |
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must require that the facility under the new ownership: |
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(1) pay the commission for any outstanding liabilities |
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under the prior contract that are identified by the commission; and |
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(2) agree that an outstanding liability identified by |
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the commission may include a liability incurred by the previous |
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owner without regard to: |
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(A) when a service was provided or a claim was |
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filed; or |
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(B) whether the liability is identified by the |
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commission or another authorized entity, including a Medicaid |
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managed care organization. |
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(c) This section does not apply to a supplemental payment |
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program or a directed payment program, as defined by Section |
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532.0102, operated or administered by the commission. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines a waiver or authorization from a federal |
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agency is necessary for implementation of that provision, the |
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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 September 1, 2025. |