81R11448 JSC-D
By: Uresti S.B. No. 1721
A BILL TO BE ENTITLED
AN ACT
relating to funding for nursing home facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.028, Human Resources Code, is amended
by adding Subsection (q) to read as follows:
(q) Subject to Subsection (h) and notwithstanding any other
law, rules and standards governing the determination of base rates
paid for nursing home services must ensure that providers of those
services are reimbursed at a rate that maximizes federal matching
funding and ensures that the demand for nursing home facilities is
met in locations throughout this state.
SECTION 2. The legislature finds that the need for nursing
home facilities in this state is increasing while the number of
facilities are decreasing due to inadequate funding. Further, the
lack of adequate facilities in some areas of the state may force
individuals needing nursing home care to move to a facility that is
far away from family.
SECTION 3. (a) The Department of State Health Services
shall study the problem of funding of nursing home facilities in
this state. The study shall address all available sources of
funding from state and federal resources and determine whether the
state is taking advantage of all federal funding for nursing homes
for which the state is eligible.
(b) The Department of State Health Services shall identify
strategies and make recommendations to maximize available funding
for nursing home facilities in this state.
SECTION 4. Not later than December 1, 2010, the Department
of State Health Services shall submit a report to the legislature on
the study conducted under this Act.
SECTION 5. 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 6. 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, 2009.