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A BILL TO BE ENTITLED
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AN ACT
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relating to licensure and contracting for the delivery of medical |
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assistance by nursing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.021, Human Resources Code, is amended |
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by adding new subsection (t) as follows: |
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(t) The commission shall ensure that contracts for the |
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delivery of medical assistance to a nursing facility: |
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(1) satisfy the requirements of Section 242. 033(h), |
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Health and Safety Code; |
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(2) are awarded on terms and conditions that are no |
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more stringent than the federal requirements governing Medicare |
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certification and enrollment of skilled nursing facilities; and |
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(3) allow uninterrupted Medicaid payments if: |
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(A) the new provider meets the requirements of |
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this Chapter and licensure requirements of Chapter 242, Health and |
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Safety Code; |
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(B) the new provider assumes the prior provider's |
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contract terms and conditions that were in effect of the time of |
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ownership transfer; and |
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(C) the new provider enters into a successor |
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liability agreement with the commission and the prior provider |
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indicating the new provider agrees to pay the commission for any |
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liabilities that exist or may be found to exist during the period of |
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the prior provider's contract with the commission. |
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SECTION 2. Section 242.033, Health and Safety Code is |
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amended by adding new subsection (h) as follows: |
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(h) The department shall ensure that rules adopted this |
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section: |
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(1) provide for a single application for licensure and |
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contracting for the delivery of medical assistance consistent with |
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the requirements of Chapter 32, Human Resources Code; |
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(2) require the department to issue a contract for the |
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delivery of medical assistance within thirty (30) days of the |
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issuance of a temporary change of ownership license as provided for |
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in Section 242.00336(c); and |
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(3) ensure vendor payments are made to nursing |
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facilities within thirty (30) days of the effective date of a |
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contract for delivery of medical assistance, including: |
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(A) requiring any managed care organization |
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contracts with the commission to provide for expedited |
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credentialing of nursing facilities consistent with the |
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commission's rules within no more than thirty (30) days; and |
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(B) managed care organizations' contracts with |
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nursing facilities be effective the date of the commission's |
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Medicaid contract with such nursing facilities. |
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SECTION 3. This Act takes effect September 1, 2025. |