Bill Text: TX HB3196 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to licensing and certification requirements for certain health facilities and to the allocation of Medicaid beds in certain of those facilities; increasing fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3196 Detail]
Download: Texas-2013-HB3196-Enrolled.html
H.B. No. 3196 |
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relating to licensing and certification requirements for certain | ||
health facilities and to the allocation of Medicaid beds in certain | ||
of those facilities; increasing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 242.034(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The board may establish by rule license fees for | ||
institutions licensed by the department under this chapter. The | ||
license fee may not exceed $375 [ |
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(1) $15 [ |
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for which a license is sought; and | ||
(2) a background examination fee imposed under | ||
Subsection (d). | ||
SECTION 2. Section 242.040, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsection (f) to | ||
read as follows: | ||
(c) The board by rule may adopt standards for the | ||
specialized care and treatment of persons with Alzheimer's disease | ||
and related disorders and provide procedures for institutions | ||
applying for certification under this section. The rules must | ||
provide for a three-year certification period [ |
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(f) The executive commissioner by rule shall adopt a system | ||
under which an appropriate number of certifications issued by the | ||
department expire on staggered dates occurring in each three-year | ||
period. If the expiration date of a certification changes as a | ||
result of this subsection, the department shall prorate the | ||
certification fee relating to that certification as appropriate. | ||
SECTION 3. Section 32.0213, Human Resources Code, is | ||
amended by adding Subsections (d), (e), and (f) to read as follows: | ||
(d) The executive commissioner of the Health and Human | ||
Services Commission by rule may require an applicant for Medicaid | ||
beds in a nursing facility under a Medicaid bed waiver application | ||
to provide a performance bond in the amount of $500,000 or other | ||
financial security as determined by the department to ensure that | ||
the applicant provides the Medicaid beds granted to the applicant | ||
under the waiver within the time frame required by the department. | ||
A performance bond provided under this subsection must: | ||
(1) be executed by a corporate entity in accordance | ||
with Subchapter A, Chapter 3503, Insurance Code; | ||
(2) be in a form approved by the department; and | ||
(3) clearly and prominently display on the face of the | ||
bond or on an attachment to the bond: | ||
(A) the name, mailing address, physical address, | ||
and telephone number, including the area code, of the surety | ||
company to which any notice of claim should be sent; or | ||
(B) the toll-free telephone number maintained by | ||
the Texas Department of Insurance under Subchapter B, Chapter 521, | ||
Insurance Code, and a statement that the address of the surety | ||
company to which any notice of claim should be sent may be obtained | ||
from the Texas Department of Insurance by calling the toll-free | ||
telephone number. | ||
(e) The department may not require an applicant for Medicaid | ||
beds in a nursing facility to obtain a performance bond from a | ||
specific insurance or surety agency, agent, or broker. | ||
(f) The executive commissioner by rule shall adopt criteria | ||
to exempt certain applicants for Medicaid beds from the | ||
requirements of Subsection (d), including applicants that are | ||
licensed facilities with existing Medicaid bed allocations, | ||
criminal justice facilities, teaching facilities, and state | ||
veterans homes, and any other applicants that the executive | ||
commissioner finds good cause to exempt. The executive | ||
commissioner may modify the criteria for granting exemptions under | ||
this subsection as necessary to meet the objectives of Subsection | ||
(d). | ||
SECTION 4. (a) Section 242.034(a), Health and Safety Code, | ||
as amended by this Act, applies only to a license application, | ||
including a renewal application, filed on or after the effective | ||
date of this Act. A license application, including a renewal | ||
application, filed before that date is governed by the law in effect | ||
on the date the application was filed, and the former law is | ||
continued in effect for that purpose. | ||
(b) Sections 32.0213(d), (e), and (f), Human Resources | ||
Code, as added by this Act, apply only to an application filed on or | ||
after the effective date of this Act for Medicaid beds in a nursing | ||
facility. An application filed before that date is governed by the | ||
law in effect on the date the application was filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3196 was passed by the House on May 7, | ||
2013, by the following vote: Yeas 143, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3196 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |