| 16 | | - | amended by amending Subsection (b) and adding Subsections (c), (d), |
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| 17 | | - | and (e) to read as follows: |
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| 18 | | - | (b) Notwithstanding any other law, a state supported living |
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| 19 | | - | center may provide nonresidential services to support an individual |
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| 20 | | - | if[: |
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| 21 | | - | [(1) the individual: |
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| 22 | | - | [(A) is receiving services in a program funded by |
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| 23 | | - | the department; |
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| 24 | | - | [(B) meets the eligibility criteria for the |
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| 25 | | - | intermediate care facility for persons with an intellectual |
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| 26 | | - | disability program; and |
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| 27 | | - | [(C) resides in the area in which the |
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| 28 | | - | state supported living center is located; and |
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| 29 | | - | [(2)] the provision of services to the individual does |
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| 30 | | - | not interfere with the provision of services to a resident of the |
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| 31 | | - | state supported living center. |
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| 12 | + | amended by adding Subsections (c), (d), and (e) to read as follows: |
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| 32 | 13 | | (c) The executive commissioner by rule shall establish: |
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| 33 | 14 | | (1) a list of services a state supported living center |
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| 34 | 15 | | may provide under a contract described by Subsection (a); and |
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| 35 | 16 | | (2) procedures for the commission to create, maintain, |
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| 36 | 17 | | and amend as needed a schedule of fees that a state supported living |
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| 37 | 18 | | center may charge for a service included in the list described by |
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| 38 | 19 | | Subdivision (1). |
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| 39 | 20 | | (d) In creating a schedule of fees, the commission shall: |
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| 40 | 21 | | (1) use the reimbursement rate for the applicable |
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| 41 | 22 | | service under the Medicaid program; or |
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| 42 | 23 | | (2) modify that rate with a written justification for |
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| 43 | 24 | | the modification and after holding a public hearing on the issue of |
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| 44 | 25 | | the modification. |
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| 45 | 26 | | (e) Notwithstanding Subsection (c), a state supported |
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| 46 | 27 | | living center, based on negotiations between the center and a |
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| 47 | 28 | | managed care organization, as defined by Section 533.001, |
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| 48 | 29 | | Government Code, may charge a fee for a service other than the fee |
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| 49 | 30 | | provided by the schedule of fees created by the commission under |
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| 50 | 31 | | this section. |
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| 51 | 32 | | SECTION 2. Not later than September 1, 2018, the executive |
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| 52 | 33 | | commissioner of the Health and Human Services Commission shall |
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| 53 | 34 | | adopt the rules listing services a state supported living center |
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| 54 | 35 | | may provide under a contract and the procedures for the commission |
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| 55 | 36 | | to create the schedule of fees for those services, as required by |
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| 56 | 37 | | Section 161.080, Human Resources Code, as amended by this Act. |
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| 57 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 42 | | Act takes effect September 1, 2017. |
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