| 1 | 1 | | 84R9300 SCL-F |
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| 2 | 2 | | By: Lucio S.B. No. 1382 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to regulation of prescribed pediatric extended care |
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| 8 | 8 | | centers; amending a provision subject to a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 248A.051(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A person may not own or operate a prescribed pediatric |
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| 13 | 13 | | extended care center in this state unless the person holds a license |
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| 14 | 14 | | issued under this chapter. An applicant for a prescribed pediatric |
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| 15 | 15 | | extended care center license may not provide services under that |
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| 16 | 16 | | license until the department issues the license. |
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| 17 | 17 | | SECTION 2. Section 248A.052, Health and Safety Code, is |
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| 18 | 18 | | amended by adding Subsection (d) to read as follows: |
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| 19 | 19 | | (d) The department shall conduct concurrently the |
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| 20 | 20 | | inspections necessary to determine if the applicant and the center |
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| 21 | 21 | | meet the requirements of this chapter and the rules and standards |
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| 22 | 22 | | adopted under this chapter. The department may not require that a |
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| 23 | 23 | | center admit a child as a prerequisite for any inspection. |
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| 24 | 24 | | SECTION 3. The heading to Section 248A.151, Health and |
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| 25 | 25 | | Safety Code, is amended to read as follows: |
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| 26 | 26 | | Sec. 248A.151. ADMISSION CRITERIA FOR MINOR CLIENT; ADULT |
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| 27 | 27 | | ACCOMPANIMENT. |
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| 28 | 28 | | SECTION 4. Section 248A.151, Health and Safety Code, is |
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| 29 | 29 | | amended by adding Subsection (c) to read as follows: |
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| 30 | 30 | | (c) A minor client's parent, legal guardian, or managing |
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| 31 | 31 | | conservator is not required to accompany the client when: |
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| 32 | 32 | | (1) the client receives services in the center, |
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| 33 | 33 | | including therapy services delivered in the center but billed |
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| 34 | 34 | | separately; or |
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| 35 | 35 | | (2) the center transports or provides for the |
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| 36 | 36 | | transport of the client to and from the center. |
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| 37 | 37 | | SECTION 5. As soon as practicable after the effective date |
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| 38 | 38 | | of this Act, the executive commissioner of the Health and Human |
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| 39 | 39 | | Services Commission shall establish a reimbursement rate for |
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| 40 | 40 | | licensed pediatric extended care centers that are enrolled in the |
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| 41 | 41 | | medical assistance program that, when converted to an hourly rate, |
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| 42 | 42 | | is not more than 70 percent of the average hourly unit rate, |
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| 43 | 43 | | excluding transportation costs, for private duty nursing provided |
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| 44 | 44 | | under the Texas Health Steps Comprehensive Care Program. |
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| 45 | 45 | | SECTION 6. If before implementing any provision of this Act |
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| 46 | 46 | | a state agency determines that a waiver or authorization from a |
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| 47 | 47 | | federal agency is necessary for implementation of that provision, |
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| 48 | 48 | | the agency affected by the provision shall request the waiver or |
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| 49 | 49 | | authorization and may delay implementing that provision until the |
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| 50 | 50 | | waiver or authorization is granted. |
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| 51 | 51 | | SECTION 7. This Act takes effect September 1, 2015. |
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