| 1 | 1 | | By: Rose H.B. No. 3902 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to licensure and contracting for the delivery of medical |
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| 9 | 9 | | assistance by nursing facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 32.021, Human Resources Code, is amended |
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| 12 | 12 | | by adding new subsection (t) as follows: |
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| 13 | 13 | | (t) The commission shall ensure that contracts for the |
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| 14 | 14 | | delivery of medical assistance to a nursing facility: |
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| 15 | 15 | | (1) satisfy the requirements of Section 242. 033(h), |
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| 16 | 16 | | Health and Safety Code; |
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| 17 | 17 | | (2) are awarded on terms and conditions that are no |
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| 18 | 18 | | more stringent than the federal requirements governing Medicare |
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| 19 | 19 | | certification and enrollment of skilled nursing facilities; and |
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| 20 | 20 | | (3) allow uninterrupted Medicaid payments if: |
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| 21 | 21 | | (A) the new provider meets the requirements of |
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| 22 | 22 | | this Chapter and licensure requirements of Chapter 242, Health and |
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| 23 | 23 | | Safety Code; |
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| 24 | 24 | | (B) the new provider assumes the prior provider's |
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| 25 | 25 | | contract terms and conditions that were in effect of the time of |
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| 26 | 26 | | ownership transfer; and |
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| 27 | 27 | | (C) the new provider enters into a successor |
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| 28 | 28 | | liability agreement with the commission and the prior provider |
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| 29 | 29 | | indicating the new provider agrees to pay the commission for any |
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| 30 | 30 | | liabilities that exist or may be found to exist during the period of |
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| 31 | 31 | | the prior provider's contract with the commission. |
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| 32 | 32 | | SECTION 2. Section 242.033, Health and Safety Code is |
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| 33 | 33 | | amended by adding new subsection (h) as follows: |
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| 34 | 34 | | (h) The department shall ensure that rules adopted this |
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| 35 | 35 | | section: |
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| 36 | 36 | | (1) provide for a single application for licensure and |
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| 37 | 37 | | contracting for the delivery of medical assistance consistent with |
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| 38 | 38 | | the requirements of Chapter 32, Human Resources Code; |
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| 39 | 39 | | (2) require the department to issue a contract for the |
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| 40 | 40 | | delivery of medical assistance within thirty (30) days of the |
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| 41 | 41 | | issuance of a temporary change of ownership license as provided for |
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| 42 | 42 | | in Section 242.00336(c); and |
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| 43 | 43 | | (3) ensure vendor payments are made to nursing |
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| 44 | 44 | | facilities within thirty (30) days of the effective date of a |
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| 45 | 45 | | contract for delivery of medical assistance, including: |
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| 46 | 46 | | (A) requiring any managed care organization |
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| 47 | 47 | | contracts with the commission to provide for expedited |
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| 48 | 48 | | credentialing of nursing facilities consistent with the |
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| 49 | 49 | | commission's rules within no more than thirty (30) days; and |
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| 50 | 50 | | (B) managed care organizations' contracts with |
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| 51 | 51 | | nursing facilities be effective the date of the commission's |
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| 52 | 52 | | Medicaid contract with such nursing facilities. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2025. |
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