1 | 1 | | 2025S0205-1 03/10/25 |
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2 | 2 | | By: Hancock S.B. No. 2578 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to licensure and contracting for the delivery of medical |
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10 | 10 | | assistance by nursing facilities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 32.021, Human Resources Code, is amended |
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13 | 13 | | by adding Subsection (t) to read as follows: |
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14 | 14 | | (t) The commission shall ensure that contracts for the |
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15 | 15 | | delivery of medical assistance to a nursing facility: |
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16 | 16 | | (1) are awarded on terms and conditions that are no |
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17 | 17 | | more stringent than the federal requirements governing Medicare |
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18 | 18 | | certification and enrollment of skilled nursing facilities; |
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19 | 19 | | (2) allow uninterrupted Medicaid payments if: |
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20 | 20 | | (A) the new provider meets the requirements of |
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21 | 21 | | this chapter and licensure requirements under Chapter 242, Health |
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22 | 22 | | and Safety Code; |
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23 | 23 | | (B) the new provider assumes the prior provider's |
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24 | 24 | | contract terms and conditions that were in effect as of the time of |
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25 | 25 | | ownership transfer; and |
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26 | 26 | | (C) the new provider enters into a successor |
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27 | 27 | | liability agreement with the commission and the prior provider |
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28 | 28 | | indicating the new provider agrees to pay the commission for any |
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29 | 29 | | liabilities that exist or may be found to exist during the period of |
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30 | 30 | | the prior provider's contract with the commission; and |
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31 | 31 | | (3) satisfy the requirements of Section 242.033(h), |
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32 | 32 | | Health and Safety Code. |
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33 | 33 | | SECTION 2. Section 242.033, Health and Safety Code, is |
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34 | 34 | | amended by adding Subsection (h) to read as follows: |
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35 | 35 | | (h) The department shall ensure that rules adopted under |
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36 | 36 | | this section: |
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37 | 37 | | (1) provide for a single application for licensure and |
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38 | 38 | | contracting for the delivery of medical assistance consistent with |
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39 | 39 | | Section 532.0052, Government Code; |
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40 | 40 | | (2) require the department to issue a contract for the |
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41 | 41 | | delivery of medical assistance within 30 days after the date of |
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42 | 42 | | issuance of a temporary change of ownership license as provided by |
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43 | 43 | | Section 242.0336(c); and |
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44 | 44 | | (3) ensure that vendor payments are made to nursing |
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45 | 45 | | facilities within 30 days of the effective date of a contract for |
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46 | 46 | | delivery of medical assistance, including requiring any managed |
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47 | 47 | | care organization contracts with the commission to provide for |
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48 | 48 | | expedited credentialing of nursing facilities consistent with the |
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49 | 49 | | commission's rules within 30 days, and that managed care |
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50 | 50 | | organizations' contracts with nursing facilities be effective on |
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51 | 51 | | the date of the commission's Medicaid contract with such nursing |
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52 | 52 | | facilities. |
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53 | 53 | | SECTION 3. This Act takes effect September 1, 2025. |
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