Bill Text: TX HB1423 | 2021-2022 | 87th Legislature | Enrolled
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 3-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB1423 Detail]
Download: Texas-2021-HB1423-Enrolled.html
H.B. No. 1423 |
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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 [ |
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[ |
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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 [ |
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shall annually conduct at least one [ |
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[ |
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(b) For at least one [ |
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[ |
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commission [ |
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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) The Health and Human Services Commission shall break | ||
down the results of the survey conducted under Subsection (a) based | ||
on: | ||
(1) the type of facility; | ||
(2) the size of the facility; and | ||
(3) the geographic location of the facility. | ||
(c) Not later than September 1, 2022, the Health and Human | ||
Services Commission shall submit the results of the survey | ||
conducted under Subsection (a) of this section to the members of the | ||
House Human Services Committee and the Senate Health and Human | ||
Services Committee, or the successor of those committees. | ||
SECTION 5. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1423 was passed by the House on May 7, | ||
2021, by the following vote: Yeas 101, Nays 39, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1423 on May 28, 2021, by the following vote: Yeas 84, Nays 57, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1423 was passed by the Senate, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 29, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |