84R11512 GCB-D By: King of Taylor, Crownover H.B. No. 1260 Substitute the following for H.B. No. 1260: By: Raymond C.S.H.B. No. 1260 A BILL TO BE ENTITLED AN ACT relating to creation by rule of the Department of Aging and Disability Services of a schedule of support services a state supported living center may provide and procedures for establishing applicable fees for those services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 161.080, Human Resources Code, is amended by adding Subsections (c), (d), and (e) to read as follows: (c) The executive commissioner by rule shall establish: (1) a list of services a state supported living center may provide under a contract described by Subsection (a); and (2) procedures for the department to create, maintain, and amend as needed a schedule of fees that a state supported living center may charge for a service included in the list established by rule of the executive commissioner. (d) In creating a schedule of fees, the department shall: (1) use the reimbursement rate for the applicable service under the Medicaid program; or (2) modify that rate with a written justification for the modification and after holding a public hearing on the issue of the modification. (e) Notwithstanding Subsection (c), a state supported living center, based on negotiations between the center and a managed care organization, as defined by Section 533.001, Government Code, may charge a fee for a service other than the fee provided by the schedule of fees created by the department under this section. SECTION 2. Not later than September 1, 2016, the executive commissioner of the Health and Human Services Commission shall adopt the rules listing services a state supported living center may provide under a contract and the procedures for the Department of Aging and Disability Services to create the schedule of fees for those services, as required by Section 161.080, Human Resources Code, as amended by this Act. SECTION 3. 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, 2015.