Sec. 32.060. NURSING FACILITY QUALITY ASSURANCE TEAM

(a) The nursing facility quality assurance team is established to make recommendations to the department designed to promote high-quality care for residents of nursing facilities.

(b) The team is composed of nine members appointed by the governor as follows:

(1) two physicians with expertise in providing long-term care;

(2) one registered nurse with expertise in providing long-term care;

(3) three nursing facility advocates not affiliated with the nursing facility industry; and

(4) three representatives of the nursing facility industry.

(c) The governor shall designate a member of the team to serve as presiding officer. The members of the team shall elect any other necessary officers.

(d) The team shall meet at the call of the presiding officer.

(e) A member of the team serves at the will of the governor.

(f) A member of the team may not receive compensation for serving on the team but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the team as provided by the General Appropriations Act.

(g) The team shall:

(1) develop and recommend clearly defined minimum standards to be considered for inclusion in contracts between the department and nursing facilities for the delivery of medical assistance under this chapter that are designed to:

(A) ensure that the care provided by nursing facilities to residents who are recipients of medical assistance meets or exceeds the minimum acceptable standard of care; and

(B) encourage nursing facilities to provide the highest quality of care to those residents; and

(2) develop and recommend improvements to consumers' access to information regarding the quality of care provided by nursing facilities that contract with the department to provide medical assistance, including improvements in:

(A) the types and amounts of information to which consumers have access, such as expanding the types and amounts of information available through the department's Internet website; and

(B) the department's data systems that compile nursing facilities' inspection or survey data and other data relating to quality of care in nursing facilities.

(h) In developing minimum standards for contracts as required by Subsection (g)(1), the team shall:

(1) study the risk factors identified by the Texas Department of Insurance as contributing to lawsuits against nursing facilities;

(2) consider for inclusion in the minimum standards:

(A) the practices the Texas Department of Insurance recommends nursing facilities adopt to reduce the likelihood of those lawsuits; and

(B) other standards designed to improve the quality of care;

(3) focus on a minimum number of critical standards necessary to identify nursing facilities with poor quality services that should not be awarded contracts for the delivery of medical assistance; and

(4) with the assistance of the department, assess the potential cost impacts on providers necessary to meet the minimum standards and the commensurate fiscal impact on the department's appropriations requirement.

(i) The department shall ensure the accuracy of information provided to the team for use by the team in performing the team's duties under this section. The Health and Human Services Commission shall provide administrative support and resources to the team and request additional administrative support and resources from health and human services agencies as necessary.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.109(a), eff. Sept. 1, 2003.