Bill Text: TX SB1519 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to establishing a council on long-term care facilities and to a dispute resolution process regarding those facilities.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-10 - Effective immediately [SB1519 Detail]

Download: Texas-2019-SB1519-Comm_Sub.html
 
 
  By: Kolkhorst  S.B. No. 1519
         (In the Senate - Filed March 5, 2019; March 14, 2019, read
  first time and referred to Committee on Health & Human Services;
  April 24, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 24, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1519 By:  Kolkhorst
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to establishing a council on long-term care facilities and
  the duties of that council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.0581 to read as follows:
         Sec. 531.0581.  LONG-TERM CARE FACILITIES COUNCIL.  (a)  In
  this section:
               (1)  "Council" means the Long-Term Care Facilities
  Council.
               (2)  "Long-term care facility" means a facility subject
  to regulation under Section 32.021(d), Human Resources Code, or
  Chapter 242, 247, or 252, Health and Safety Code.
         (b)  The executive commissioner shall establish a Long-Term
  Care Facilities Council as a permanent advisory committee to the
  commission.  The council is composed of the following members
  appointed by the executive commissioner:
               (1)  at least one member who is a for-profit nursing
  facility provider;
               (2)  at least one member who is a nonprofit nursing
  facility provider;
               (3)  at least one member who is an assisted living
  services provider;
               (4)  at least one member responsible for survey
  enforcement within the state survey and certification agency;
               (5)  at least one member responsible for survey
  inspection within the state survey and certification agency;
               (6)  at least one member of the state agency
  responsible for informal dispute resolution;
               (7)  at least one member with expertise in Medicaid
  quality-based payment systems for long-term care facilities;
               (8)  at least one member who is a practicing medical
  director of a long-term care facility; and
               (9)  at least one member who is a physician with
  expertise in infectious disease or public health.
         (c)  The executive commissioner shall designate a member of
  the council to serve as presiding officer. The members of the
  council shall elect any other necessary officers.
         (d)  A member of the council serves at the will of the
  executive commissioner.
         (e)  The council shall meet at the call of the executive
  commissioner.
         (f)  A member of the council is not entitled to reimbursement
  of expenses or to compensation for service on the council.
         (g)  The council shall study and make recommendations
  regarding a consistent survey and informal dispute resolution
  process for long-term care facilities and regarding Medicaid
  quality-based payment systems for those facilities.  The council
  shall:
               (1)  study and make recommendations regarding best
  practices and protocols to make survey, inspection, and informal
  dispute resolution processes more efficient and less burdensome on
  long-term care facilities;
               (2)  recommend uniform standards for those processes;
  and
               (3)  study and make recommendations regarding Medicaid
  quality-based payment systems and a rate-setting methodology for
  long-term care facilities.
         (h)  Not later than January 1 of each odd-numbered year, the
  council shall submit a report on the council's findings and
  recommendations to the executive commissioner, the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and the chairs of the appropriate legislative committees.
         (i)  Chapter 2110 does not apply to the council.
         SECTION 2.  (a)  In this section:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Long-Term Care Facilities Council" means the
  council established under Section 531.0581, Government Code, as
  added by this Act.
               (3)  "Long-term care facility" has the meaning assigned
  by Section 531.0581, Government Code, as added by this Act.
         (b)  Not later than September 1, 2021, the Long-Term Care
  Facilities Council shall assess the impact the implementation of
  Section 2, Chapter 1117 (H.B. 3523), Acts of the 84th Legislature,
  Regular Session, 2015, which amended Section 533.00251(c),
  Government Code, effective September 1, 2021, would have on
  long-term care facilities and make a recommendation to the
  commission regarding its implementation.  Notwithstanding that
  section, if the council advises that implementing that section
  would have a significant impact on long-term care facilities, the
  commission may delay the implementation of that section until
  September 1, 2023, provided that the commission publishes notice of
  that delay in the Texas Register as soon as practicable.
         (c)  This section expires September 1, 2023.
         SECTION 3.  Not later than December 1, 2019, the executive
  commissioner of the Health and Human Services Commission shall
  establish the Long-Term Care Facilities Council and appoint the
  council members as required by Section 531.0581, Government Code,
  as added by this Act.
         SECTION 4.  The Health and Human Services Commission is
  required to implement a provision of this Act only if the
  legislature appropriates money to the commission specifically for
  that purpose. If the legislature does not appropriate money
  specifically for that purpose, the commission may, but is not
  required to, implement a provision of this Act using other
  appropriations that are available for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
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