Bill Text: TX HB2285 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 2285 (Prior Session Legislation)

Introduced

Bill Title: Relating to administrative penalties assessed against certain nursing facilities for the improper discharge or transfer of a resident.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-03-26 - Left pending in committee [HB2285 Detail]

Download: Texas-2019-HB2285-Introduced.html

	86R11815 JG-D

	By: Davis of Harris	H.B. No. 2285



	A BILL TO BE ENTITLED
	AN ACT
	relating to administrative penalties assessed against certain
	nursing facilities for the improper discharge or transfer of a
	resident.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 242, Health and Safety
	Code, is amended by adding Section 242.0661 to read as follows:
	Sec. 242.0661. ADMINISTRATIVE PENALTY FOR IMPROPER
	DISCHARGE OR TRANSFER OF RESIDENT. (a) The commission shall assess
	an administrative penalty under this section against a
	Medicaid-certified nursing facility that discharges or transfers a
	resident from the facility in violation of:
	(1) a rule related to the improper discharge or
	transfer of a resident from a facility or to the return of a
	resident to a facility following hospitalization; or
	(2) a hearing officer's fair hearing decision.
	(b) A penalty described by Subsection (a) must be assessed
	in the following graduated amounts:
	(1) $2,000 for each day of a continuing violation
	during the first seven consecutive days;
	(2) $4,000 for each day of a continuing violation
	during the second seven consecutive days; and
	(3) $6,000 for each day of a continuing violation
	after the first 14 consecutive days.
	(c) For purposes of assessing a violation under this
	section, the first day of a violation is the date the violation is
	cited at an exit conference following a survey, inspection, or
	investigation.
	(d) Section 242.0665 does not apply to a penalty assessed
	under Subsection (b)(2) or (3).
	(e) The commission shall order a nursing facility that is
	assessed a penalty under Subsection (b)(3) to immediately suspend
	admissions until the facility corrects the violation or complies
	with a hearing officer's fair hearing decision regarding the
	discharged or transferred resident.
	SECTION 2. Section 242.0661, Health and Safety Code, as
	added by this Act, applies only to actions taken by the Health and
	Human Services Commission and license holders under Chapter 242,
	Health and Safety Code, on or after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2019.