85R24143 DMS-D
	By: Klick	H.B. No. 2116
	Substitute the following for H.B. No. 2116:
	By:  Swanson	C.S.H.B. No. 2116

	A BILL TO BE ENTITLED
	AN ACT
	relating to informal dispute resolutions for violations of health
	and safety standards at certain long-term care facilities;
	authorizing the imposition of costs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 247.051, Health and Safety Code, is
	amended by amending Subsections (a), (c), and (d) and adding
	Subsection (e) to read as follows:
	(a)  The executive commissioner by rule shall establish an
	informal dispute resolution process to address disputes between an
	assisted living [a] facility and the commission [department]
	concerning a statement of violations prepared by the commission
	[department] in accordance with this section. The process must
	provide for adjudication by an appropriate disinterested person of
	disputes relating to a statement of violations. The informal
	dispute resolution process must require:
	(1)  the assisted living facility to request informal
	dispute resolution not later than the 10th day after the date of
	notification by the commission [department] of the violation of a
	standard or standards;
	(2)  that the [commission to complete the] process be
	completed not later than the 90th day after the date of receipt of a
	request from the assisted living facility for informal dispute
	resolution;
	(3)  that, not later than the 20th [10th] business day
	after the date an assisted living facility requests an informal
	dispute resolution, the commission [department] forward to the
	assisted living facility a copy of all information referenced [that
	is referred to] in the disputed statement of violations or on which
	a citation is based in connection with the survey, inspection,
	investigation, or other visit, including any notes taken by or
	e-mails or messages sent by a commission employee involved with the
	survey, inspection, investigation, or other visit and excluding the
	following information:
	(A)  the name of any complainant, witness, or
	informant, which must be redacted from information provided to the
	assisted living facility;
	(B)  any information that would reasonably lead to
	the identification of a complainant, witness, or informant, which
	must be redacted from information provided to the assisted living
	facility;
	(C)  information obtained from or contained in the
	records of the facility;
	(D)  information that is publicly available; or
	(E)  information that is confidential by law;
	(4)  that [the commission to give] full consideration
	is given to all  factual arguments raised during the informal
	dispute resolution process [that:
	[(A)     are supported by references to specific
	information that the facility or department relies on to dispute or
	support findings in the statement of violations; and
	[(B)     are provided by the proponent of the
	argument to the commission and the opposing party];
	(5)  that full consideration is given during the
	informal dispute resolution process [staff give full
	consideration] to the information provided by the assisted living
	facility and the commission [department];
	(6)  that ex parte communications concerning the
	substance of any argument relating to a survey, inspection,
	investigation, visit, or statement of violations under
	consideration not occur between the informal dispute resolution
	staff and the assisted living facility or the commission
	[department]; [and]
	(7)  that the assisted living facility and the
	commission [department] be given a reasonable opportunity to submit
	arguments and information supporting the position of the assisted
	living facility or the commission [department] and to respond to
	arguments and information presented against them, provided the
	assisted living facility submits its arguments and supporting
	information not later than the 10th business day after the date of
	receipt of the materials provided under Subdivision (3); and
	(8)  that the commission bears the burden of proving
	the violation of a standard or standards.
	(c)  An assisted living facility requesting an informal
	dispute resolution under this section must reimburse the commission
	[department] for any costs associated with the commission's
	[department's] preparation, copying, and delivery of information
	requested by the facility.
	(d)  A statement of violations prepared by the commission
	[department] following a survey, inspection, investigation, or
	visit is confidential pending the outcome of the informal dispute
	resolution process.  Information concerning the outcome of a
	survey, inspection, investigation, or visit may be posted on any
	website maintained by the commission [department] while the dispute
	is pending if the posting clearly notes each finding that is in
	dispute.
	(e)  The commission may charge and the assisted living
	facility shall pay the reasonable costs associated with making the
	redactions required by Subsections (a)(3)(A) and (B).
	SECTION 2.  Section 531.058, Government Code, is amended by
	amending Subsections (a) and (a-1) and adding Subsection (d) to
	read as follows:
	(a)  The executive commissioner by rule shall establish an
	informal dispute resolution process in accordance with this
	section. The process must provide for adjudication by an
	appropriate disinterested person of disputes relating to a proposed
	enforcement action or related proceeding of the commission under
	Section 32.021(d), Human Resources Code, or [the Department of
	Aging and Disability Services] under Chapter 242, 247, or 252,
	Health and Safety Code. The informal dispute resolution process
	must require:
	(1)  an institution or facility to request informal
	dispute resolution not later than the 10th calendar day after
	notification by the commission [or department, as applicable,] of
	the violation of a standard or standards; and
	(2)  the completion of [commission to complete] the
	process not later than:
	(A)  the 30th calendar day after receipt of a
	request from an institution or facility, other than an assisted
	living facility, for informal dispute resolution; or
	(B)  the 90th calendar day after receipt of a
	request from an assisted living facility for informal dispute
	resolution.
	(a-1)  As part of the informal dispute resolution process
	established under this section, the commission shall contract with
	an appropriate disinterested person [who is a nonprofit
	organization] to adjudicate disputes between an institution or
	facility licensed under Chapter 242, Health and Safety Code, or a
	facility licensed under Chapter 247, Health and Safety Code, and
	the commission [Department of Aging and Disability Services]
	concerning a statement of violations prepared by the commission
	[department] in connection with a survey conducted by the
	commission [department] of the institution or facility.  Section
	2009.053 does not apply to the selection of an appropriate
	disinterested person under this subsection.  The person with whom
	the commission contracts shall adjudicate all disputes described by
	this subsection.
	(d)  The rules adopted by the executive commissioner under
	Subsection (a) that relate to a dispute described by Section
	247.051(a), Health and Safety Code, must incorporate the
	requirements of Section 247.051, Health and Safety Code.
	SECTION 3.  This Act takes effect September 1, 2017.