HBA-DMD, NLM H.B. 2909 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2909
By: Naishtat
Appropriations
9/15/1999
Enrolled

BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Department of Human Services
(department) was authorized to collect fees from nursing facilities to
maintain the nursing and convalescent home trust fund.  The trust fund was
limited to $500,000.  H.B. 2909  requires the department to adopt a fee to
be charged and collected if the amount in the nursing and convalescent home
trust fund is less than $10,000,000, rather than $500,000.  In addition,
this bill authorizes the department to charge and collect a fee, in
accordance with this provision, more than once a year only if necessary to
ensure that the amount in the nursing and convalescent home trust fund is
sufficient to make the disbursements required under Section 242.096
(Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds).
The department is required to notify the governor and the Legislative
Budget Board if the department makes a second or subsequent assessment.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.096(e), Health and Safety Code, to require
any unencumbered amount in the nursing and convalescent home trust fund in
excess of $10,000,000, rather than $500,000, at the end of each fiscal year
to be transferred as provided by this section. 

SECTION 2.  Amends Section 242.097, Health and Safety Code, to require the
Texas Department of Human Services (department) to adopt a fee to be
charged and collected if the amount in the nursing and convalescent home
trust fund is less than $10,000,000, rather than $500,000.  Authorizes the
department to charge and collect a fee under this section more than once a
year only if necessary to ensure that the amount in the nursing and
convalescent home trust fund is sufficient to make the disbursements
required under Section 242.096 (Nursing and Convalescent Home Trust Fund
and Emergency Assistance Funds). Requires the department to notify the
governor and the members of the Legislative Budget Board, if the department
makes a second or subsequent assessment under this section in any year.
Requires the department to set a specified fee to provide not more than
$10,000,000, rather than $500,000, in the fund. Prohibits the total fees
assessed in a year from exceeding $20 for each licensed unit of capacity or
bed space in a home. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.
  Effective date: upon passage.