Tex.
Human Resources Code Section 32.021
Administration of the Program
(a)
The commission is the single state agency designated to administer the medical assistance program provided in this chapter in accordance with 42 U.S.C. Section 1396a(a)(5). Subject to applicable federal law, the commission may delegate the operation of a part of the medical assistance program to another state agency. Notwithstanding any delegation, the commission retains ultimate authority over the medical assistance program.(a-1)
To the extent the commission delegates the operation of a part of the medical assistance program to another state agency, or to the extent that state law assigns a function of the medical assistance program to another health and human services agency operating under the commission’s oversight, a reference in this chapter to the commission with respect to that part of the medical assistance program means the state agency to which the operation of that part is delegated or assigned.(b)
The commission shall enter into agreements with any federal agency designated by federal law to administer medical assistance when the commission determines the agreements to be compatible with the state’s participation in the medical assistance program and within the limits of appropriated funds. The commission shall cooperate with federal agencies designated by federal law to administer medical assistance in any reasonable manner necessary to qualify for federal funds.(c)
The executive commissioner shall establish methods of administration and adopt necessary rules for the proper and efficient operation of the medical assistance program.(d)
The commission shall include in its contracts for the delivery of medical assistance by nursing facilities provisions for monetary penalties to be assessed for violations as required by 42 U.S.C. Section 1396r, including without limitation the Omnibus Budget Reconciliation Act (OBRA), Pub. L. No. 100-203, Nursing Home Reform Amendments of 1987, provided that the executive commissioner shall:(1)
provide for an informal dispute resolution process in the commission as provided by Section 531.058 (Informal Dispute Resolution for Certain Long-term Care Facilities), Government Code; and(2)
develop rules to adjudicate claims in contested cases, including claims unresolved by the informal dispute resolution process of the commission.(d)
The commission shall include in its contracts for the delivery of medical assistance by nursing facilities provisions for monetary penalties to be assessed for violations as required by 42 U.S.C. Section 1396r, including without limitation the Omnibus Budget Reconciliation Act of 1987 (OBRA), Pub. L. No. 100-203, Nursing Home Reform Amendments of 1987, provided that the executive commissioner shall:(1)
provide for an informal dispute resolution process in the commission as provided by Section 526.0202 (Informal Dispute Resolution for Certain Long-term Care Facilities), Government Code; and(2)
develop rules to adjudicate claims in contested cases, including claims unresolved by the informal dispute resolution process of the commission.(e)
Rules governing the application of penalties shall include the following:(1)
specific and objective criteria which describe the scope and severity of a contract violation which results in a recommendation for each specific penalty. Penalties must be appropriate to the violation, and the most severe financial penalties must be reserved for situations which create an immediate and serious threat to the health and safety of residents; “immediate and serious threat” means a situation in which there is a high probability that serious harm or injury to residents could occur at any time or already has occurred and may well occur again if residents are not protected effectively from the harm or if the threat is not removed;(2)
a system to ensure standard and consistent application of penalties among surveyors and different areas of the state;(3)
due process for nursing facilities providers, including an appeals procedure consistent with Chapter 2001 (Administrative Procedure), Government Code; and(4)
per diem and/or minimum penalties. The executive commissioner may by rule prescribe a minimum penalty period; however, once a facility gives the Department of Aging and Disability Services notice that deficiencies have been corrected, if surveyors are unable to revisit the facility within five days and the deficiencies are later shown to be corrected, the per diem penalties cease as of the day the facility gave notice to the Department of Aging and Disability Services or on the last day of the minimum penalty period established by the executive commissioner, whichever is later.(f)
To encourage facilities to provide the best possible care, the commission shall develop an incentive program to recognize facilities providing the highest quality care to Medicaid residents.(g)
Funds collected as a result of the imposition of penalties shall be applied to the protection of the health or property of residents of nursing facilities, including the cost of relocation of residents to other facilities and maintenance or operation of a facility pending correction of deficiencies or closure, or to incentive programs which recognize the highest quality care to residents who are entitled to Medicaid.(h)
Medicaid nursing facilities shall also comply with state licensure rules, which may be more stringent than the requirements for certification. The Department of Aging and Disability Services shall use appropriate civil, administrative, or criminal remedies authorized by state or federal law with respect to a facility that is in violation of a certification or licensing requirement.(i)
Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 16.03(1).(j)
Repealed by Acts 2001, 77th Leg., ch. 1284, Sec. 3.04, eff. June 15, 2001.(k)
Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 16.03(1).(l)
The commission may not include as a reimbursable item to a nursing facility an administrative or civil penalty assessed against the facility under this chapter or under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions), Health and Safety Code.(m)
Notwithstanding any provision of law to the contrary, the commission shall terminate a nursing facility’s provider agreement if the Department of Aging and Disability Services has imposed required Category 2 or Category 3 remedies on the facility three times within a 24-month period. The executive commissioner by rule shall establish criteria under which the requirement to terminate the provider agreement may be waived. In this subsection, “Category 2 remedies” and “Category 3 remedies” have the meanings assigned by 42 C.F.R. Section 488.408.(n)
An assessment of monetary penalties under this section is subject to arbitration under Subchapter H-2 (Scope of Subchapter), Chapter 242 (Convalescent and Nursing Facilities and Related Institutions), Health and Safety Code.(o)
In any circumstance in which a nursing facility would otherwise be required to admit a resident transferred from another facility, because of an emergency or otherwise, the nursing facility may not admit a resident whose needs cannot be met through service from the facility’s staff or in cooperation with community resources or other providers under contract. If a nursing facility refuses to admit a resident under this subsection, the nursing facility shall provide a written statement of the reasons for the refusal to the Department of Aging and Disability Services within a period specified by rule. A nursing facility that fails to provide the written statement, or that includes false or misleading information in the statement, is subject to monetary penalties assessed in accordance with this chapter.(p)
In order to increase the personal needs allowance under Section 32.024 (Authority and Scope of Program; Eligibility)(w), the commission shall develop an early warning system to detect fraud in the handling of the personal needs allowance and other funds of residents of long-term care facilities.(q)
The commission shall include in its contracts for the delivery of medical assistance by nursing facilities clearly defined minimum standards that relate directly to the quality of care for residents of those facilities. The commission shall include in each contract:(1)
specific performance measures by which the commission may evaluate the extent to which the nursing facility is meeting the standards; and(2)
provisions that allow the commission to terminate the contract if the nursing facility is not meeting the standards.(r)
The commission may not award a contract for the delivery of medical assistance to a nursing facility that does not meet the minimum standards that would be included in the contract as required by Subsection (q). The commission shall terminate a contract for the delivery of medical assistance by a nursing facility that does not meet or maintain the minimum standards included in the contract in a manner consistent with the terms of the contract.(s)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(106), eff. June 17, 2011.
Source:
Section 32.021 — Administration of the Program, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.32.htm#32.021 (accessed Apr. 20, 2024).
