By: Kolkhorst S.B. No. 547     (Lambert)           A BILL TO BE ENTITLED   AN ACT   relating to the provision of services and resources to certain   individuals by a state supported living center and to the creation   of a schedule of support services a state supported living center   may provide and procedures for establishing applicable fees for   those services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.080, Human Resources Code, is   amended by amending Subsection (b) and adding Subsections (c), (d),   and (e) to read as follows:          (b)  Notwithstanding any other law, a state supported living   center may provide nonresidential services to support an individual   if[:                [(1)  the individual:                      [(A)     is receiving services in a program funded by   the department;                      [(B)     meets the eligibility criteria for the   intermediate care facility for persons with an intellectual   disability program; and                      [(C)     resides in the area in which the state   supported living center is located; and                [(2)]  the provision of services to the individual does   not interfere with the provision of services to a resident of the   state supported living center.          (c)  The executive commissioner by rule shall establish:                (1)  a list of services a state supported living center   may provide under a contract described by Subsection (a); and                (2)  procedures for the commission to create, maintain,   and amend as needed a schedule of fees that a state supported living   center may charge for a service included in the list described by   Subdivision (1).          (d)  In creating a schedule of fees, the commission shall:                (1)  use the reimbursement rate for the applicable   service under the Medicaid program; or                (2)  modify that rate with a written justification for   the modification and after holding a public hearing on the issue of   the modification.          (e)  Notwithstanding Subsection (c), a state supported   living center, based on negotiations between the center and a   managed care organization, as defined by Section 533.001,   Government Code, may charge a fee for a service other than the fee   provided by the schedule of fees created by the commission under   this section.          SECTION 2.  Not later than September 1, 2018, the executive   commissioner of the Health and Human Services Commission shall   adopt the rules listing services a state supported living center   may provide under a contract and the procedures for the commission   to create the schedule of fees for those services, as required by   Section 161.080, Human Resources Code, as amended by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.