Bill Text: TX HB3550 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to standards for and services provided by prescribed pediatric extended care centers, including Medicaid reimbursement for those services.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB3550 Detail]
Download: Texas-2023-HB3550-Introduced.html
Bill Title: Relating to standards for and services provided by prescribed pediatric extended care centers, including Medicaid reimbursement for those services.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB3550 Detail]
Download: Texas-2023-HB3550-Introduced.html
By: Rose | H.B. No. 3550 |
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relating to standards for and services provided by prescribed | ||
pediatric extended care centers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 248A.101(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) To protect the health and safety of the public and | ||
ensure the health, safety, and comfort of the minors served by a | ||
center, the rules must establish minimum center standards, | ||
including: | ||
(1) standards relating to the issuance, renewal, | ||
denial, suspension, probation, and revocation of a license to | ||
operate a center; | ||
(2) standards relating to the provision of | ||
family-centered basic services that include individualized | ||
medical, developmental, and family training services; | ||
(3) based on the size of the building and the number of | ||
minors served, building construction and renovation standards, | ||
including standards for plumbing, electrical, glass, manufactured | ||
buildings, accessibility for persons with physical disabilities, | ||
and fire protection; | ||
(4) based on the size of the building and the number of | ||
minors serves, building construction and renovation standards, | ||
including standards for plumbing, electrical, glass, manufactured | ||
buildings, accessibility for persons with physical disabilities, | ||
and fire protection and other conditions; | ||
(5) standards relating to the minimum number of and | ||
qualifications required for personnel who provide personal care or | ||
basic services to the minors served; | ||
(6) standards relating to the sanitary conditions | ||
within a center and its surroundings, including water supply, | ||
sewage disposal, food handling, and general hygiene; | ||
(7) standards relating to the programs offered by the | ||
center to promote and maintain the health and development of the | ||
minors served and to meet the training needs of the minors' parents | ||
or legal guardians; | ||
(8) standards relating to physician-prescribed | ||
supportive services; | ||
(9) standards relating to transportation services and | ||
as required by Section 248A.1015; and | ||
(10) standards relating to maintenance of patient | ||
medical records and program records in accordance with other law | ||
and with accepted professional standards and practices. | ||
SECTION 2. Subchapter C, Chapter 248A, Health and Safety | ||
Code, is amended by adding Sections 248A.1015, 248A.105, and | ||
248A.106 to read as follows: | ||
Sec. 248A.1015. TRANSPORTATION STANDARDS. The executive | ||
commissioner by rule shall establish minimum standards for | ||
transportation services as required under Section 248A.101(b)(9). | ||
In adopting rules under this section, the executive commissioner: | ||
(1) shall authorize a center, in coordination with a | ||
client's parent, guardian, or other responsible adult, to determine | ||
the schedule of transportation services and determine by provider | ||
type whether a provider must be present to supervise the client | ||
during transportation; and | ||
(2) may not: | ||
(A) require a plan of care or physician's order | ||
to document a client's need for transportation services to access a | ||
center's services; | ||
(B) require the center to obtain: | ||
(i) the signature of a client's parent, | ||
guardian, or other responsible adult on each occasion the client | ||
boards or deboards the transportation; or | ||
(ii) any confirmation of the exact time the | ||
client boards or deboards the transportation; or | ||
(C) prohibit a client from declining | ||
transportation offered by a center, including declining | ||
transportation entirely or only on a specific date. | ||
Sec. 248A.105. REIMBURSEMENT FOR SERVICES. (a) The | ||
executive commissioner by rule shall establish a reimbursement rate | ||
for services a center provides to clients, including transportation | ||
service to and from the center. The executive commissioner shall | ||
clearly identify the documentation a center must obtain and | ||
maintain to be eligible for reimbursement. | ||
(b) In adopting rules under Subsection (a), the executive | ||
commissioner shall: | ||
(1) Establish a reimbursement rate that, when | ||
converted to an hourly rate, is equal to the average hourly unit | ||
rate for private duty nursing provided under the Texas Health Steps | ||
Comprehensive Care Program and shall not; | ||
(2) authorize a center to combine documentation for | ||
transportation with documentation for other services provided by | ||
the center; | ||
(3) condition reimbursement for transportation | ||
services on: | ||
(A) obtaining the signature of a client's parent, | ||
guardian, or other responsible adult on each occasion the client | ||
boards or deboards the transportation; or | ||
(B) obtaining any confirmation of the exact time | ||
the client boards or deboards the transportation; or | ||
(4) condition reimbursement of non-transportation | ||
services on: | ||
(A) a client's decision to use transportation | ||
services on a specific date or on an ongoing basis; or | ||
(B) a center's obtaining and maintaining | ||
transportation documentation. | ||
Sec. 248A.106. INTERFERENCE WITH RIGHTS TO DETERMINE | ||
TREATMENT. (a) Except as provided by Subsection (b), any rules the | ||
executive commissioner adopts under this subchapter may not | ||
interfere with the authority of a parent, guardian, or other | ||
responsible adult of a minor client to make decisions regarding the | ||
treatment provided to the child, including by: | ||
(1) requiring the center and the parent, guardian, or | ||
other responsible adult of a minor client to adhere to a set | ||
schedule of treatment determined in advance; | ||
(2) conditioning payment to a center on the parent, | ||
guardian, or other responsible adult of a minor client providing an | ||
explanation of any discrepancies between the treatment scheduled | ||
and treatment provided; and | ||
(3) preventing the center and the parent, guardian, or | ||
other responsible adult of a minor client from modifying the | ||
treatment and schedule of treatment consistent with the changing | ||
medical needs of the client. | ||
(b) The executive commissioner, by rule, may limit the | ||
maximum amount of authorized services provided to a client. | ||
SECTION 3. Section 248A.158, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 248A.158. RELATION TO NURSING SERVICES. (a) Subject | ||
to Subsection (b), nursing [ |
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must be a [ |
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skilled nursing services unless additional nursing services are | ||
medically necessary. | ||
(b) A center may provide nursing services in a group | ||
setting, consistent with appropriate staffing ratios. | ||
SECTION 4. Subchapter D, Chapter 248A, Health and Safety | ||
Code, is amended by adding Section 248A.159 to read as follows: | ||
Sec. 248A.159. ADMISSION FORMS. (a) Before admission to a | ||
center, the center may obtain all required parent or legal guardian | ||
signatures for a patient on one consent document. | ||
(b) The consent document must illustrate the involvement of | ||
the parent or legal guardian in developing and establishing the | ||
care and treatment to be provided to the patient in the center. | ||
SECTION 5. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall: | ||
(1) adopt the rules necessary to implement the changes | ||
in law made by this Act; and | ||
(2) update any relevant procedure manuals, including | ||
the Children's Services Handbook, to conform to the changes in law | ||
made by this Act. | ||
SECTION 6. This Act takes effect September 1, 2023. |