Bill Text: TX SB1519 | 2019-2020 | 86th Legislature | Engrossed
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-Engrossed.html
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-Engrossed.html
By: Kolkhorst | S.B. No. 1519 |
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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. |