Texas 2017 - 85th Regular

Texas Senate Bill SB890 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2473 EES-F
2	2	By: Kolkhorst S.B. No. 890
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to Medicaid beds in nursing facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 32.0213, Human Resources Code, is
10	10	amended by adding Subsections (g) through (u) to read as follows:
11	11	(g) Notwithstanding Subsection (f), the commission may not
12	12	exempt applicants for Medicaid beds from the requirements of
13	13	Subsection (d) on or after September 1, 2017, and before September
14	14	1, 2021.
15	15	(h) Except as provided in Subsection (i), the commission may
16	16	not contract for new nursing facility beds under Medicaid unless
17	17	the statewide occupancy rate of certified Medicaid beds is more
18	18	than 90 percent, as determined by the commission annually on
19	19	September 1.
20	20	(i) Notwithstanding Subsection (h), the commission may
21	21	contract for new Medicaid beds in the following types of nursing
22	22	facilities:
23	23	(1) subject to Subsection (k), that is under
24	24	development on September 1, 2017, and for which there has been filed
25	25	with the commission an application for Medicaid beds;
26	26	(2) subject to Subsections (m), (n), (o), and (p), a
27	27	small house nursing facility;
28	28	(3) subject to Subsections (q) and (r), a replacement
29	29	nursing facility, without regard to whether the nursing facility is
30	30	under development or has been constructed on September 1, 2017;
31	31	(4) subject to Subsection (s), a nursing facility
32	32	located in a county where the occupancy rate of certified Medicaid
33	33	beds is more than 85 percent, as determined by the commission on
34	34	September 1 and March 1 of a particular year; and
35	35	(5) subject to Subsection (t), a nursing facility
36	36	without any unoccupied Medicaid beds for the purpose of providing a
37	37	temporary Medicaid bed for a resident of the nursing facility who
38	38	has exhausted the resident's resources and, as a result, is newly
39	39	eligible for Medicaid.
40	40	(j) Deadlines and any other time limitations relating to the
41	41	commission's allocation or certification of Medicaid beds for
42	42	nursing facilities not yet under development on September 1, 2017,
43	43	and prohibited under Subsection (h) are tolled until September 1,
44	44	2021.
45	45	(k) For purposes of Subsections (i)(1) and (j):
46	46	(1) a nursing facility is considered under development
47	47	if:
48	48	(A) funding to construct the nursing facility has
49	49	been secured and is being used to construct the nursing facility;
50	50	(B) any zoning requirements relating to the
51	51	construction of the nursing facility have been met;
52	52	(C) complete construction design plans for the
53	53	nursing facility have been submitted to the appropriate
54	54	governmental entities regulating fire and building safety not later
55	55	than September 1, 2017; and
56	56	(D) ongoing construction activities are
57	57	occurring at the nursing facility site; and
58	58	(2) the commission, in the commission's sole
59	59	discretion, shall determine whether an applicant for Medicaid beds
60	60	meets the requirements of this subsection.
61	61	(l) The construction design plans described in Subsection
62	62	(k)(1)(c) must be an accurate and true depiction of the nursing
63	63	facility that is being constructed but may be modified in order to
64	64	make technical changes, correct errors and omissions, or comply
65	65	with zoning or other requirements of a governmental entity.
66	66	(m) The executive commissioner by rule shall define "small
67	67	house nursing facility" for purposes of this section.
68	68	(n) The commission may not contract under Subsection (i)(2)
69	69	for more than:
70	70	(1) 50 Medicaid beds per small house nursing facility
71	71	per year; and
72	72	(2) a total of 100 new Medicaid beds for small house
73	73	nursing facilities statewide per year.
74	74	(o) The commission shall approve completed applications for
75	75	Medicaid beds by or on behalf of small house nursing facilities
76	76	under Subsection (i)(2) in the order in which the applications are
77	77	received by the commission.
78	78	(p) The commission shall rescind approval of an application
79	79	described by Subsection (o) if:
80	80	(1) the small house nursing facility is not
81	81	operational on the anniversary of the date the facility's
82	82	application was approved; and
83	83	(2) the commission has previously denied an
84	84	application for additional Medicaid beds by or on behalf of another
85	85	small house nursing facility because of the limitation on the total
86	86	number of Medicaid beds contained in Subsection (n)(2).
87	87	(q) The commission may contract for Medicaid beds in a
88	88	replacement nursing facility under Subsection (i)(3) only if:
89	89	(1) the replacement nursing facility:
90	90	(A) is licensed under Chapter 242, Health and
91	91	Safety Code; and
92	92	(B) is located in the same county as the nursing
93	93	facility that is being replaced; and
94	94	(2) the nursing facility that is being replaced:
95	95	(A) is licensed under Chapter 242, Health and
96	96	Safety Code, on September 1, 2017; and
97	97	(B) surrenders the license described by
98	98	Paragraph (A) not later than the 60th day after the date the
99	99	replacement nursing facility is licensed under Chapter 242, Health
100	100	and Safety Code.
101	101	(r) The commission may not contract for more Medicaid beds
102	102	for a replacement nursing facility under Subsection (i)(3) than
103	103	were contracted for the nursing facility that the replacement
104	104	nursing facility replaced.
105	105	(s) The commission may not contract under Subsection (i)(4)
106	106	for:
107	107	(1) more than 50 Medicaid beds per nursing facility;
108	108	or
109	109	(2) a number of Medicaid beds that would result in a
110	110	countywide occupancy rate of certified Medicaid beds that is below
111	111	the statewide occupancy rate.
112	112	(t) The executive commissioner by rule shall develop a
113	113	process for contracting for temporary Medicaid beds under
114	114	Subsection (i)(5).
115	115	(u) Subsections (g) through (t) and this subsection expire
116	116	September 1, 2021.
117	117	SECTION 2. Section 32.0244, Human Resources Code, is
118	118	amended by adding Subsection (e) to read as follows:
119	119	(e) Notwithstanding Subsections (a) through (d), the
120	120	commission may not contract for new nursing facility beds under
121	121	this section on or after September 1, 2017, and before September 1,
122	122	2021. This subsection expires September 1, 2021.
123	123	SECTION 3. Section 32.0245, Human Resources Code, is
124	124	amended to read as follows:
125	125	Sec. 32.0245. NURSING FACILITY BEDS FOR CERTAIN FACILITIES
126	126	TREATING ALZHEIMER'S DISEASE. (a) The commission shall waive for a
127	127	nursing facility a restriction imposed by state law on the
128	128	authority to contract under the state Medicaid program for nursing
129	129	facility beds based on the percentage of beds that are occupied in a
130	130	geographical area if the facility:
131	131	(1) is affiliated with a medical school operated by
132	132	the state;
133	133	(2) is participating in a research program for the
134	134	care and treatment of persons with Alzheimer's disease; and
135	135	(3) is designed to separate and treat Alzheimer's
136	136	disease by stage or functional level.
137	137	(b) Notwithstanding Subsection (a), the commission may not
138	138	waive a restriction on the commission's authority to contract for
139	139	nursing facility beds under this section on or after September 1,
140	140	2017, and before September 1, 2021. This subsection expires
141	141	September 1, 2021.
142	142	SECTION 4. If before implementing any provision of this Act
143	143	a state agency determines that a waiver or authorization from a
144	144	federal agency is necessary for implementation of that provision,
145	145	the agency affected by the provision shall request the waiver or
146	146	authorization and may delay implementing that provision until the
147	147	waiver or authorization is granted.
148	148	SECTION 5. This Act takes effect September 1, 2017.