By: Price (Senate Sponsor - Nelson) H.B. No. 3196
(In the Senate - Received from the House May 8, 2013;
May 9, 2013, read first time and referred to Committee on Health
and Human Services; May 15, 2013, reported favorably by the
following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to licensing and certification requirements for certain
health facilities and to the allocation of Medicaid beds in certain
of those facilities; increasing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.034(a), Health and Safety Code, is
amended to read as follows:
(a) The board may establish by rule license fees for
institutions licensed by the department under this chapter. The
license fee may not exceed $375 [$250] plus:
(1) $15 [$10] for each unit of capacity or bed space
for which a license is sought; and
(2) a background examination fee imposed under
Subsection (d).
SECTION 2. Section 242.040, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (f) to
read as follows:
(c) The board by rule may adopt standards for the
specialized care and treatment of persons with Alzheimer's disease
and related disorders and provide procedures for institutions
applying for certification under this section. The rules must
provide for a three-year certification period [annual
certification].
(f) The executive commissioner by rule shall adopt a system
under which an appropriate number of certifications issued by the
department expire on staggered dates occurring in each three-year
period. If the expiration date of a certification changes as a
result of this subsection, the department shall prorate the
certification fee relating to that certification as appropriate.
SECTION 3. Section 32.0213, Human Resources Code, is
amended by adding Subsections (d), (e), and (f) to read as follows:
(d) The executive commissioner of the Health and Human
Services Commission by rule may require an applicant for Medicaid
beds in a nursing facility under a Medicaid bed waiver application
to provide a performance bond in the amount of $500,000 or other
financial security as determined by the department to ensure that
the applicant provides the Medicaid beds granted to the applicant
under the waiver within the time frame required by the department.
A performance bond provided under this subsection must:
(1) be executed by a corporate entity in accordance
with Subchapter A, Chapter 3503, Insurance Code;
(2) be in a form approved by the department; and
(3) clearly and prominently display on the face of the
bond or on an attachment to the bond:
(A) the name, mailing address, physical address,
and telephone number, including the area code, of the surety
company to which any notice of claim should be sent; or
(B) the toll-free telephone number maintained by
the Texas Department of Insurance under Subchapter B, Chapter 521,
Insurance Code, and a statement that the address of the surety
company to which any notice of claim should be sent may be obtained
from the Texas Department of Insurance by calling the toll-free
telephone number.
(e) The department may not require an applicant for Medicaid
beds in a nursing facility to obtain a performance bond from a
specific insurance or surety agency, agent, or broker.
(f) The executive commissioner by rule shall adopt criteria
to exempt certain applicants for Medicaid beds from the
requirements of Subsection (d), including applicants that are
licensed facilities with existing Medicaid bed allocations,
criminal justice facilities, teaching facilities, and state
veterans homes, and any other applicants that the executive
commissioner finds good cause to exempt. The executive
commissioner may modify the criteria for granting exemptions under
this subsection as necessary to meet the objectives of Subsection
(d).
SECTION 4. (a) Section 242.034(a), Health and Safety Code,
as amended by this Act, applies only to a license application,
including a renewal application, filed on or after the effective
date of this Act. A license application, including a renewal
application, filed before that date is governed by the law in effect
on the date the application was filed, and the former law is
continued in effect for that purpose.
(b) Sections 32.0213(d), (e), and (f), Human Resources
Code, as added by this Act, apply only to an application filed on or
after the effective date of this Act for Medicaid beds in a nursing
facility. An application filed before that date is governed by the
law in effect on the date the application was filed, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.
* * * * *