Bill Text: TX HB117 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to inspection procedures in certain long-term care facilities and the creation of a long-term care legislative oversight committee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-12 - Referred to Human Services [HB117 Detail]
Download: Texas-2019-HB117-Introduced.html
86R613 AJZ-F | ||
By: Raymond | H.B. No. 117 |
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relating to inspection procedures in certain long-term care | ||
facilities and the creation of a long-term care legislative | ||
oversight committee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 247.027, Health and Safety Code, is | ||
amended by adding Subsections (c), (d), and (e) to read as follows: | ||
(c) If a commission employee who conducts an inspection of | ||
an assisted living facility is a health care professional licensed | ||
in this state, an officer or employee of the facility may require | ||
the commission employee to provide proof of licensure before the | ||
commission employee conducts the inspection. | ||
(d) The commission employee shall include on the | ||
commission's inspection checklist: | ||
(1) a brief description of the evidence supporting a | ||
finding that a violation occurred; and | ||
(2) the name and title of the person who found each | ||
violation. | ||
(e) The executive commissioner shall adopt rules to ensure | ||
that among the community services regions the commission uniformly | ||
administers inspections and consistently interprets and enforces | ||
the rules and laws regulating assisted living facilities. The | ||
executive commissioner shall prepare and deliver a semiannual | ||
progress report on uniform administration, interpretation, and | ||
enforcement to the commission and the appropriate health and human | ||
services legislative standing committees. | ||
SECTION 2. Section 247.0271, Health and Safety Code, is | ||
amended by adding Subsections (c-1) and (e) to read as follows: | ||
(c-1) The inspector may not conduct an additional | ||
inspection during an additional exit conference. The inspector may | ||
not use an additional exit conference to retaliate against an | ||
assisted living facility for: | ||
(1) filing a complaint against the commission or the | ||
inspector regarding an inspection; or | ||
(2) requesting an administrative hearing to contest a | ||
finding that a violation occurred. | ||
(e) The inspector may not require an assisted living | ||
facility, through an inspection or the final official statement of | ||
violations, to take any action that conflicts with a written order | ||
of a physician. A facility in the facility's plan of correction | ||
shall provide evidence that the statement of violations conflicts | ||
with the physician's written order. A facility is not required to | ||
correct a violation that conflicts with the physician's written | ||
order. | ||
SECTION 3. Section 252.040, Health and Safety Code, is | ||
amended by amending Subsection (i) and adding Subsections (j) and | ||
(k) to read as follows: | ||
(i) The commission [ |
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staff conduct inspections, surveys, or investigations of | ||
facilities under this section. If a commission employee who | ||
conducts an inspection, survey, or investigation of a facility is a | ||
health care professional licensed in this state, an officer or | ||
employee of the facility may require the commission employee to | ||
provide proof of licensure before the commission employee conducts | ||
the inspection, survey, or investigation. | ||
(j) The commission or the commission's representative shall | ||
include on the commission's inspection form: | ||
(1) a brief description of the evidence supporting a | ||
finding that a violation occurred; and | ||
(2) the name and title of the person who found each | ||
violation. | ||
(k) The executive commissioner shall adopt rules to ensure | ||
that among the community services regions the commission uniformly | ||
administers inspections, surveys, and investigations and | ||
consistently interprets and enforces the rules and laws regulating | ||
facilities licensed under this chapter. The executive commissioner | ||
shall prepare and deliver a semiannual progress report on uniform | ||
administration, interpretation, and enforcement to the commission | ||
and the appropriate health and human services legislative standing | ||
committees. | ||
SECTION 4. Section 252.044, Health and Safety Code, is | ||
amended by adding Subsections (b-1) and (d) to read as follows: | ||
(b-1) The commission or the commission's representative may | ||
not conduct an additional inspection, survey, or investigation | ||
during an additional exit conference. The commission or the | ||
commission's representative may not use an additional exit | ||
conference to retaliate against a facility for: | ||
(1) filing a complaint against the commission or the | ||
commission's representative regarding an inspection, survey, or | ||
investigation; or | ||
(2) requesting an administrative hearing to contest a | ||
finding that a violation occurred. | ||
(d) The commission or the commission's representative may | ||
not require a facility, through an inspection, survey, or | ||
investigation or the final official statement of violations, to | ||
take any action that conflicts with a written order of a physician. | ||
A facility in the facility's plan to correct violations shall | ||
provide evidence that the statement of violations conflicts with | ||
the physician's written order. A facility is not required to | ||
correct a violation that conflicts with the physician's written | ||
order. | ||
SECTION 5. Chapter 531, Government Code, is amended by | ||
adding Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE | ||
Sec. 531.181. DEFINITIONS. In this subchapter: | ||
(1) "Committee" means the long-term care legislative | ||
oversight committee. | ||
(2) "Facility" means: | ||
(A) a nursing facility licensed under Chapter | ||
242, Health and Safety Code; | ||
(B) an assisted living facility licensed under | ||
Chapter 247, Health and Safety Code; and | ||
(C) an intermediate care facility licensed under | ||
Chapter 252, Health and Safety Code. | ||
Sec. 531.182. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. | ||
(a) The committee is composed of: | ||
(1) two members of the senate and one public member | ||
appointed by the lieutenant governor; and | ||
(2) two members of the house of representatives and | ||
one public member appointed by the speaker of the house of | ||
representatives. | ||
(b) A member of the committee serves at the pleasure of the | ||
appointing official. | ||
(c) The lieutenant governor and the speaker of the house of | ||
representatives shall appoint the presiding officer of the | ||
committee on an alternating basis. The presiding officer shall | ||
serve a two-year term expiring February 1 of each odd-numbered | ||
year. | ||
Sec. 531.183. COMMITTEE POWERS AND DUTIES. (a) The | ||
committee shall: | ||
(1) meet at the call of the presiding officer; | ||
(2) receive, review, and comment on rules proposed by | ||
the commission; and | ||
(3) review recommendations for legislation proposed | ||
by the commission or the attorney general relating to facilities. | ||
(b) The committee may hear a facility's complaint regarding | ||
an operational dispute and make a recommendation to the commission. | ||
(c) The committee may issue process, in accordance with | ||
Section 301.024, to compel the attendance of witnesses and the | ||
production of books, records, documents, and instruments required | ||
by the committee. | ||
(d) The committee may monitor the effectiveness and | ||
efficiency of the facility regulatory system of this state. | ||
(e) The committee may propose legislation relating to | ||
facilities. | ||
(f) The committee may request reports and other information | ||
from the commission and the attorney general relating to: | ||
(1) the facility regulatory and enforcement system of | ||
this state; | ||
(2) the standards for including a facility in the STAR | ||
+ PLUS Medicaid managed care program; and | ||
(3) the effectiveness of the STAR + PLUS Medicaid | ||
managed care program in reducing preventable acute care costs. | ||
(g) The committee shall use the existing staff resources of | ||
the senate and the house of representatives to assist the committee | ||
in performing its duties under this section. | ||
Sec. 531.184. REPORT. (a) The committee shall submit a | ||
report to the governor, lieutenant governor, and speaker of the | ||
house of representatives not later than November 15 of each | ||
even-numbered year. | ||
(b) The report must include: | ||
(1) identification of significant problems in the | ||
facility regulatory and enforcement system, with recommendations | ||
for action; | ||
(2) the effectiveness and efficiency of the facility | ||
regulatory system of this state, with recommendations for action; | ||
and | ||
(3) recommendations for legislative action, if | ||
necessary or appropriate. | ||
Sec. 531.185. EXPIRATION. This subchapter expires | ||
September 1, 2023. | ||
SECTION 6. (a) As soon as practicable after the effective | ||
date of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules necessary to implement | ||
the changes in law made by this Act. | ||
(b) Not later than December 1, 2019, the Health and Human | ||
Services Commission shall modify inspection forms to conform to the | ||
requirements of this Act. | ||
(c) The changes in law made by this Act apply only to an | ||
inspection, survey, or investigation conducted on or after January | ||
1, 2020. | ||
(d) As soon as practicable after the effective date of this | ||
Act, the lieutenant governor and the speaker of the house of | ||
representatives shall appoint members to the long-term care | ||
legislative oversight committee as required by Subchapter E-1, | ||
Chapter 531, Government Code, as added by this Act. The speaker of | ||
the house of representatives shall appoint the first presiding | ||
officer of the committee. | ||
SECTION 7. This Act takes effect September 1, 2019. |