| 1 | 1 | | 84R11512 GCB-D |
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| 2 | 2 | | By: King of Taylor, Crownover H.B. No. 1260 |
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| 3 | 3 | | Substitute the following for H.B. No. 1260: |
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| 4 | 4 | | By: Raymond C.S.H.B. No. 1260 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to creation by rule of the Department of Aging and |
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| 10 | 10 | | Disability Services of a schedule of support services a state |
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| 11 | 11 | | supported living center may provide and procedures for establishing |
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| 12 | 12 | | applicable fees for those services. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 161.080, Human Resources Code, is |
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| 15 | 15 | | amended by adding Subsections (c), (d), and (e) to read as follows: |
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| 16 | 16 | | (c) The executive commissioner by rule shall establish: |
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| 17 | 17 | | (1) a list of services a state supported living center |
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| 18 | 18 | | may provide under a contract described by Subsection (a); and |
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| 19 | 19 | | (2) procedures for the department to create, maintain, |
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| 20 | 20 | | and amend as needed a schedule of fees that a state supported living |
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| 21 | 21 | | center may charge for a service included in the list established by |
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| 22 | 22 | | rule of the executive commissioner. |
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| 23 | 23 | | (d) In creating a schedule of fees, the department shall: |
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| 24 | 24 | | (1) use the reimbursement rate for the applicable |
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| 25 | 25 | | service under the Medicaid program; or |
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| 26 | 26 | | (2) modify that rate with a written justification for |
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| 27 | 27 | | the modification and after holding a public hearing on the issue of |
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| 28 | 28 | | the modification. |
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| 29 | 29 | | (e) Notwithstanding Subsection (c), a state supported |
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| 30 | 30 | | living center, based on negotiations between the center and a |
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| 31 | 31 | | managed care organization, as defined by Section 533.001, |
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| 32 | 32 | | Government Code, may charge a fee for a service other than the fee |
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| 33 | 33 | | provided by the schedule of fees created by the department under |
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| 34 | 34 | | this section. |
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| 35 | 35 | | SECTION 2. Not later than September 1, 2016, the executive |
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| 36 | 36 | | commissioner of the Health and Human Services Commission shall |
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| 37 | 37 | | adopt the rules listing services a state supported living center |
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| 38 | 38 | | may provide under a contract and the procedures for the Department |
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| 39 | 39 | | of Aging and Disability Services to create the schedule of fees for |
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| 40 | 40 | | those services, as required by Section 161.080, Human Resources |
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| 41 | 41 | | Code, as amended by this Act. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2015. |
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