6 | 4 | | AN ACT |
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7 | 5 | | relating to the provision of services and resources to certain |
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8 | 6 | | individuals by a state supported living center and to the creation |
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9 | 7 | | of a schedule of support services a state supported living center |
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10 | 8 | | may provide and procedures for establishing applicable fees for |
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11 | 9 | | those services. |
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12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 11 | | SECTION 1. Section 161.080, Human Resources Code, is |
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14 | 12 | | amended by amending Subsection (b) and adding Subsections (c), (d), |
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15 | 13 | | and (e) to read as follows: |
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16 | 14 | | (b) Notwithstanding any other law, a state supported living |
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17 | 15 | | center may provide nonresidential services to support an individual |
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18 | 16 | | if[: |
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19 | 17 | | [(1) the individual: |
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20 | 18 | | [(A) is receiving services in a program funded by |
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21 | 19 | | the department; |
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22 | 20 | | [(B) meets the eligibility criteria for the |
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23 | 21 | | intermediate care facility for persons with an intellectual |
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24 | 22 | | disability program; and |
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25 | 23 | | [(C) resides in the area in which the state |
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26 | 24 | | supported living center is located; and |
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27 | 25 | | [(2)] the provision of services to the individual does |
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28 | 26 | | not interfere with the provision of services to a resident of the |
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29 | 27 | | state supported living center. |
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30 | 28 | | (c) The executive commissioner by rule shall establish: |
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31 | 29 | | (1) a list of services a state supported living center |
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32 | 30 | | may provide under a contract described by Subsection (a); and |
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33 | 31 | | (2) procedures for the commission to create, maintain, |
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34 | 32 | | and amend as needed a schedule of fees that a state supported living |
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35 | 33 | | center may charge for a service included in the list described by |
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36 | 34 | | Subdivision (1). |
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37 | 35 | | (d) In creating a schedule of fees, the commission shall: |
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38 | 36 | | (1) use the reimbursement rate for the applicable |
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39 | 37 | | service under the Medicaid program; or |
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40 | 38 | | (2) modify that rate with a written justification for |
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41 | 39 | | the modification and after holding a public hearing on the issue of |
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42 | 40 | | the modification. |
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43 | 41 | | (e) Notwithstanding Subsection (c), a state supported |
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44 | 42 | | living center, based on negotiations between the center and a |
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45 | 43 | | managed care organization, as defined by Section 533.001, |
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46 | 44 | | Government Code, may charge a fee for a service other than the fee |
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47 | 45 | | provided by the schedule of fees created by the commission under |
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48 | 46 | | this section. |
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49 | 47 | | SECTION 2. Not later than September 1, 2018, the executive |
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50 | 48 | | commissioner of the Health and Human Services Commission shall |
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51 | 49 | | adopt the rules listing services a state supported living center |
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52 | 50 | | may provide under a contract and the procedures for the commission |
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53 | 51 | | to create the schedule of fees for those services, as required by |
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54 | 52 | | Section 161.080, Human Resources Code, as amended by this Act. |
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55 | 53 | | SECTION 3. This Act takes effect immediately if it receives |
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56 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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57 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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58 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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59 | 57 | | Act takes effect September 1, 2017. |
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| 58 | + | ______________________________ ______________________________ |
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| 59 | + | President of the Senate Speaker of the House |
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| 60 | + | I hereby certify that S.B. No. 547 passed the Senate on |
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| 61 | + | April 26, 2017, by the following vote: Yeas 30, Nays 1. |
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| 62 | + | ______________________________ |
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| 63 | + | Secretary of the Senate |
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| 64 | + | I hereby certify that S.B. No. 547 passed the House on |
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| 65 | + | May 21, 2017, by the following vote: Yeas 128, Nays 14, one |
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| 66 | + | present not voting. |
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| 67 | + | ______________________________ |
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| 68 | + | Chief Clerk of the House |
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| 69 | + | Approved: |
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| 70 | + | ______________________________ |
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| 71 | + | Date |
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| 72 | + | ______________________________ |
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| 73 | + | Governor |
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