By: Kolkhorst S.B. No. 1519
(Clardy)
A BILL TO BE ENTITLED
AN ACT
relating to establishing a council on long-term care facilities and
the duties of that council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0581 to read as follows:
Sec. 531.0581. LONG-TERM CARE FACILITIES COUNCIL. (a) In
this section:
(1) "Council" means the Long-Term Care Facilities
Council.
(2) "Long-term care facility" means a facility subject
to regulation under Section 32.021(d), Human Resources Code, or
Chapter 242, 247, or 252, Health and Safety Code.
(b) The executive commissioner shall establish a Long-Term
Care Facilities Council as a permanent advisory committee to the
commission. The council is composed of the following members
appointed by the executive commissioner:
(1) at least one member who is a for-profit nursing
facility provider;
(2) at least one member who is a nonprofit nursing
facility provider;
(3) at least one member who is an assisted living
services provider;
(4) at least one member responsible for survey
enforcement within the state survey and certification agency;
(5) at least one member responsible for survey
inspection within the state survey and certification agency;
(6) at least one member of the state agency
responsible for informal dispute resolution;
(7) at least one member with expertise in Medicaid
quality-based payment systems for long-term care facilities;
(8) at least one member who is a practicing medical
director of a long-term care facility; and
(9) at least one member who is a physician with
expertise in infectious disease or public health.
(c) The executive commissioner shall designate a member of
the council to serve as presiding officer. The members of the
council shall elect any other necessary officers.
(d) A member of the council serves at the will of the
executive commissioner.
(e) The council shall meet at the call of the executive
commissioner.
(f) A member of the council is not entitled to reimbursement
of expenses or to compensation for service on the council.
(g) The council shall study and make recommendations
regarding a consistent survey and informal dispute resolution
process for long-term care facilities and regarding Medicaid
quality-based payment systems for those facilities. The council
shall:
(1) study and make recommendations regarding best
practices and protocols to make survey, inspection, and informal
dispute resolution processes more efficient and less burdensome on
long-term care facilities;
(2) recommend uniform standards for those processes;
and
(3) study and make recommendations regarding Medicaid
quality-based payment systems and a rate-setting methodology for
long-term care facilities.
(h) Not later than January 1 of each odd-numbered year, the
council shall submit a report on the council's findings and
recommendations to the executive commissioner, the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of the appropriate legislative committees.
(i) Chapter 2110 does not apply to the council.
SECTION 2. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Long-Term Care Facilities Council" means the
council established under Section 531.0581, Government Code, as
added by this Act.
(3) "Long-term care facility" has the meaning assigned
by Section 531.0581, Government Code, as added by this Act.
(b) Not later than September 1, 2021, the Long-Term Care
Facilities Council shall assess the impact the implementation of
Section 2, Chapter 1117 (H.B. 3523), Acts of the 84th Legislature,
Regular Session, 2015, which amended Section 533.00251(c),
Government Code, effective September 1, 2021, would have on
long-term care facilities and make a recommendation to the
commission regarding its implementation. Notwithstanding that
section, if the council advises that implementing that section
would have a significant impact on long-term care facilities, the
commission may delay the implementation of that section until
September 1, 2023, provided that the commission publishes notice of
that delay in the Texas Register as soon as practicable.
(c) This section expires September 1, 2023.
SECTION 3. Not later than December 1, 2019, the executive
commissioner of the Health and Human Services Commission shall
establish the Long-Term Care Facilities Council and appoint the
council members as required by Section 531.0581, Government Code,
as added by this Act.
SECTION 4. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money to the commission specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the commission may, but is not
required to, implement a provision of this Act using other
appropriations that are available for that purpose.
SECTION 5. 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, 2019.