Bill Text: TX HB1423 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to the regulation and inspection procedures of certain long-term care facilities, including a survey of certain facilities' emergency power sources.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2021-05-10 - Received from the House [HB1423 Detail]

Download: Texas-2021-HB1423-Engrossed.html
 
 
  By: Campos H.B. No. 1423
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation and inspection procedures of certain
  long-term care facilities, including a survey of certain
  facilities' emergency power sources.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 242.043(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commission [department] or the commission's
  [department's] representative may make any inspection, including
  an unannounced inspection or follow-up inspection,  survey, or
  investigation that it considers necessary and may enter the
  premises of an institution at reasonable times to make an
  inspection, survey, or investigation in accordance with department
  rules.
         SECTION 2.  Sections 242.044(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  The commission [Each licensing period, the department]
  shall annually conduct at least one [two] unannounced inspection
  [inspections] of each institution.
         (b)  For at least one [two] unannounced annual inspection 
  [inspections each licensing period] of an institution, the
  commission [department] shall invite at least one person as a
  citizen advocate from:
               (1)  the AARP;
               (2)  the Texas Senior Citizen Association;
               (3)  the department's Certified Long-term Care
  Ombudsman; or
               (4)  another statewide organization for the elderly.
         SECTION 3.  Subchapter B, Chapter 242, Health and Safety
  Code, is amended by adding Sections 242.0441 and 242.0442 to read as
  follows:
         Sec. 242.0441.  FOLLOW-UP INSPECTIONS. (a) The commission
  or the commission's representative may conduct a follow-up
  inspection of an institution after conducting an inspection,
  survey, or investigation of the institution under Section 242.043
  or 242.044 to:
               (1)  evaluate and monitor the findings of the initial
  inspection, survey, or investigation; and
               (2)  ensure the commission is citing and punishing
  institutional deficiencies consistently across the state.
         (b)  If an institution corrects a deficiency cited during a
  follow-up inspection within the time specified by executive
  commissioner rule, the commission may not impose additional
  punitive actions for the deficiency.
         Sec. 242.0442.  COMMISSION EVALUATION OF REGULATORY
  CAPACITY. (a) Not later than January 31 of each year, the
  commission shall evaluate the commission's capacity to regulate
  institutions under this chapter and formulate a strategy to
  effectively perform licensing duties, enforcement activities, and
  complaint investigations for that year.
         (b)  The commission shall continue to regularly evaluate the
  commission's capacity to regulate institutions under this chapter
  and implement corrective measures as necessary.
         (c)  The commission shall monitor the commission's staffing
  of employees who perform inspections, surveys, or investigations of
  institutions under this chapter and fill any vacant positions as
  soon as possible.
         (d)  Not later than January 1 of each year, the commission
  shall evaluate the commission's compliance during the previous year
  with Sections 242.043, 242.044, and 242.0441.
         SECTION 4.  (a) The Health and Human Services Commission
  shall conduct a survey on the number of facilities licensed under
  Chapter 242, Health and Safety Code, and the number of assisted
  living facilities licensed under Chapter 247, Health and Safety
  Code, that are equipped with an operational emergency generator or
  comparable emergency power source that is capable of providing
  continuous electric utility services to the facility during severe
  weather events or other emergencies.
         (b)  Not later than September 1, 2022, the Health and Human
  Services Commission shall publish the results of the survey
  conducted under Subsection (a) of this section on the commission's
  Internet website.
         SECTION 5.  This Act takes effect September 1, 2021.
feedback