2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0581. Long-Term Care Facilities Council

Text of section effective until April 01, 2025
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;
(9)  at least one member who is a physician with expertise in infectious disease or public health; and
(10)  at least one member who is a community-based provider at an intermediate care facility for individuals with intellectual or developmental disabilities licensed under Chapter 252, Health and Safety Code.
(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, Medicaid quality-based payment systems for those facilities, and the allocation of Medicaid beds in 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;
(3)  study and make recommendations regarding Medicaid quality-based payment systems and a rate-setting methodology for long-term care facilities; and
(4)  study and make recommendations relating to the allocation of and need for Medicaid beds in long-term care facilities, including studying and making recommendations relating to:
(A)  the effectiveness of rules adopted by the executive commissioner relating to the procedures for certifying and decertifying Medicaid beds in long-term care facilities; and
(B)  the need for modifications to those rules to better control the procedures for certifying and decertifying Medicaid beds in 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 637 (S.B. 1519), Sec. 2, eff. June 10, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 906 (H.B. 3720), Sec. 1, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.