HB3902 - Relating to the continued reimbursement under Medicaid for nursing facilities after a change in ownership.

  89R17744 AB-F     By: Rose, Raymond H.B. No. 3902     Substitute the following for H.B. No. 3902:     By:  Hull C.S.H.B. No. 3902       A BILL TO BE ENTITLED   AN ACT   relating to the continued reimbursement under Medicaid for nursing   facilities after a change in ownership.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 532, Government Code, is   amended by adding Section 532.0159 to read as follows:           Sec.   532.0159.     CONTINUED REIMBURSEMENT OF NURSING   FACILITIES AFTER CHANGE IN OWNERSHIP. (a)   The commission shall   ensure that a nursing facility providing Medicaid services to   recipients continues to receive Medicaid reimbursement   uninterrupted after the facility experiences a change in ownership,   provided the facility under the new ownership:                 (1)     is enrolled as a provider under Medicare, if   required, and Medicaid;                 (2)     satisfies the applicable requirements of state   law, including:                       (A)     the requirements of this subtitle and Chapter   32, Human Resources Code; and                       (B)     the licensing requirement under Chapter 242,   Health and Safety Code;                 (3)     if required by the terms of and agreed to by the   parties to the contract, assumes the contract in effect before the   change in ownership;                   (4)     subject to Subsection (b), enters into a successor   liability agreement, approved by the commission; and                 (5)     meets any additional requirements prescribed by   the commission.           (b)     A successor liability agreement under Subsection (a)(4)   must require that the facility under the new ownership:                 (1)     pay the commission for any outstanding liabilities   under the prior contract that are identified by the commission; and                 (2)     agree that an outstanding liability identified by   the commission may include a liability incurred by the previous   owner without regard to:                       (A)     when a service was provided or a claim was   filed; or                       (B)     whether the liability is identified by the   commission or another authorized entity, including a Medicaid   managed care organization.           (c)     This section does not apply to a supplemental payment   program or a directed payment program, as defined by Section   532.0102, operated or administered by the commission.          SECTION 2.  If before implementing any provision of this Act   a state agency determines a waiver or authorization from a federal   agency is necessary for implementation of that provision, the   agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 3.  This Act takes effect September 1, 2025.