By: Rose H.B. No. 3902
A BILL TO BE ENTITLED
AN ACT
relating to licensure and contracting for the delivery of medical
assistance by nursing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.021, Human Resources Code, is amended
by adding new subsection (t) as follows:
(t) The commission shall ensure that contracts for the
delivery of medical assistance to a nursing facility:
(1) satisfy the requirements of Section 242. 033(h),
Health and Safety Code;
(2) are awarded on terms and conditions that are no
more stringent than the federal requirements governing Medicare
certification and enrollment of skilled nursing facilities; and
(3) allow uninterrupted Medicaid payments if:
(A) the new provider meets the requirements of
this Chapter and licensure requirements of Chapter 242, Health and
Safety Code;
(B) the new provider assumes the prior provider's
contract terms and conditions that were in effect of the time of
ownership transfer; and
(C) the new provider enters into a successor
liability agreement with the commission and the prior provider
indicating the new provider agrees to pay the commission for any
liabilities that exist or may be found to exist during the period of
the prior provider's contract with the commission.
SECTION 2. Section 242.033, Health and Safety Code is
amended by adding new subsection (h) as follows:
(h) The department shall ensure that rules adopted this
section:
(1) provide for a single application for licensure and
contracting for the delivery of medical assistance consistent with
the requirements of Chapter 32, Human Resources Code;
(2) require the department to issue a contract for the
delivery of medical assistance within thirty (30) days of the
issuance of a temporary change of ownership license as provided for
in Section 242.00336(c); and
(3) ensure vendor payments are made to nursing
facilities within thirty (30) days of the effective date of a
contract for delivery of medical assistance, including:
(A) requiring any managed care organization
contracts with the commission to provide for expedited
credentialing of nursing facilities consistent with the
commission's rules within no more than thirty (30) days; and
(B) managed care organizations' contracts with
nursing facilities be effective the date of the commission's
Medicaid contract with such nursing facilities.
SECTION 3. This Act takes effect September 1, 2025.