85R8764 KFF-F
By: Klick, et al. H.B. No. 2454
A BILL TO BE ENTITLED
AN ACT
relating to the provision of a nursing facility quality-based
payment incentives program and a program to increase direct care
staff and wages under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.028(g) and (i), Human Resources
Code, are amended to read as follows:
(g) Subject to Subsection (i), the executive commissioner
shall ensure that the rules governing the determination of rates
paid for nursing facility services improve the quality of care by:
(1) providing a program offering nursing facility
quality-based payment incentives and a program for increasing
direct care staff and direct care wages and benefits[, but only to
the extent that appropriated funds are available after money is
allocated to base rate reimbursements as determined by the
commission's nursing facility rate setting methodologies]; and
(2) if appropriated funds are available after money is
allocated for payment of incentive-based rates under Subdivision
(1), providing incentives that incorporate the use of a quality of
care index, a customer satisfaction index, and a resolved
complaints index developed by the commission.
(i) The executive commissioner shall ensure that rules
governing an [the] incentives program described by Subsection
(g)(1):
(1) provide that participation in the program by a
nursing facility is voluntary;
(2) do not impose on a nursing facility not
participating in the program a minimum spending requirement for
direct care staff wages and benefits;
(3) do not set a base rate for a nursing facility
participating in the program that is more than the base rate for a
nursing facility not participating in the program; and
(4) establish a funding process to provide incentives
for increasing direct care staff and direct care wages and benefits
in accordance with appropriations provided.
SECTION 2. 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 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, 2017.