85R24665 EES-F
By: Clardy, et al. H.B. No. 2570
Substitute the following for H.B. No. 2570:
By: Minjarez C.S.H.B. No. 2570
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the legislative oversight committee on
the allocation of Medicaid beds in nursing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02131 to read as follows:
Sec. 32.02131. LEGISLATIVE OVERSIGHT COMMITTEE ON THE
ALLOCATION OF MEDICAID BEDS IN NURSING FACILITIES. (a) In this
section:
(1) "Committee" means the legislative oversight
committee on the allocation of Medicaid beds in nursing facilities.
(2) "Nursing facility" means a nursing facility
licensed under Chapter 242, Health and Safety Code, that is a
provider under Medicaid.
(b) The committee is composed of six members as follows:
(1) two members of the senate and, subject to
Subsection (d), one representative of an owner or operator of a
nursing facility appointed by the lieutenant governor; and
(2) two members of the house of representatives and,
subject to Subsection (d), one representative of an owner or
operator of a nursing facility appointed by the speaker of the house
of representatives.
(c) A committee member serves at the pleasure of the
appointing official.
(d) Each committee member who is a representative of an
owner or operator of a nursing facility must reside in this state
and be involved in the day-to-day operation of the nursing
facility.
(e) The lieutenant governor and the speaker of the house of
representatives shall appoint the presiding officer of the
committee on an alternating basis. The presiding officer shall
serve a two-year term that expires February 1 of each odd-numbered
year.
(f) A vacancy on the committee shall be filled in the same
manner as the original appointment.
(g) The committee shall:
(1) meet at the call of the presiding officer;
(2) research, take public testimony, and issue reports
requested by the lieutenant governor or the speaker of the house of
representatives relating to the allocation of Medicaid beds in
nursing facilities in this state;
(3) monitor the effectiveness of the existing rules
adopted by the executive commissioner relating to the procedures
for certifying and decertifying Medicaid beds in nursing facilities
established under Section 32.0213 and consider the need for
modifications to existing rules to better control the procedures
for certifying and decertifying Medicaid beds in nursing
facilities;
(4) receive, review, and comment on rules proposed by
the executive commissioner relating to the procedures for
certifying and decertifying Medicaid beds in nursing facilities
established under Section 32.0213; and
(5) review recommendations for legislation relating
to the procedures for certifying and decertifying Medicaid beds in
nursing facilities.
(h) The committee may:
(1) propose legislation relating to the procedures for
certifying and decertifying Medicaid beds in nursing facilities
established under Section 32.0213;
(2) request reports and other information from the
commission; and
(3) issue process, in accordance with Section 301.024,
Government Code, to compel attendance of witnesses and the
production of books, records, documents, and instruments required
by the committee.
(i) The committee shall use the existing staff resources of
the senate and the house of representatives to assist the committee
in performing its duties under this section.
(j) A member of the committee may not receive compensation
for serving on the committee but is entitled to reimbursement for
travel expenses incurred by the member while conducting the
business of the committee, as provided in the General
Appropriations Act.
(k) Not later than November 15 of each even-numbered year,
the committee shall submit a report on the committee's activities
and the results of the committee's work to the governor, the
lieutenant governor, and the speaker of the house of
representatives.
(l) The committee is abolished and this section expires
September 1, 2021.
SECTION 2. As soon as practicable after the effective date
of this Act, the lieutenant governor and the speaker of the house of
representatives shall appoint members to the legislative oversight
committee on the allocation of Medicaid beds in nursing facilities
as required by Section 32.02131, Human Resources Code, as added by
this Act. The speaker of the house of representatives shall appoint
the first presiding officer of the committee.
SECTION 3. This Act takes effect September 1, 2017.