Bill Text: TX HB3196 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
83R10095 KKR-F | ||
By: Price | H.B. No. 3196 |
|
||
|
||
relating to licensing, certification, and arbitration requirements | ||
for certain health facilities and to the allocation of Medicaid | ||
beds in 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 [ |
||
(1) $15 [ |
||
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 [ |
||
|
||
(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 242.252(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (d), an affected | ||
institution or the department may elect binding arbitration of any | ||
dispute to which this subchapter applies. Arbitration under this | ||
subchapter is an alternative to a contested case hearing or to a | ||
judicial proceeding relating to the assessment of a civil penalty. | ||
SECTION 4. Section 32.0213, Human Resources Code, is | ||
amended by adding Subsections (d) and (e) to read as follows: | ||
(d) The department by rule may require an applicant for | ||
additional Medicaid beds in a nursing facility to provide a | ||
performance bond payable to the department in the amount of | ||
$500,000 conditioned on the applicant providing the Medicaid beds | ||
granted to the applicant within the time frame required by the | ||
department. The performance bond 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 attorney general; 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 | ||
additional Medicaid beds in a nursing home to obtain a performance | ||
bond from a specific insurance or surety agency, agent, or broker. | ||
SECTION 5. (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 the effective date of this Act is | ||
governed by the law in effect when the application was filed, and | ||
the former law is continued in effect for that purpose. | ||
(b) Sections 32.0213(d) and (e), Human Resources Code, as | ||
added by this Act, apply only to an application for additional | ||
nursing home beds filed on or after the effective date of this Act. | ||
An application filed before that date is governed by the law in | ||
effect on the date the application is filed, and that law is | ||
continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2013. |