HBA-NLM H.B. 2909 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2909 By: Naishtat Appropriations 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, the Department of Human Services (department) is authorized to collect fees from nursing facilities to maintain the nursing and convalescent home trust fund. The trust fund is 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). 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 set a specified fee to provide not more than $10,000,000, rather than $500,000, in the fund. SECTION 3. Makes application of this Act prospective. SECTION 4. Emergency clause. Effective date: upon passage.