Bill Text: TX HB2340 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to regulation of prescribed pediatric extended care centers; amending a provision subject to a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB2340 Detail]
Download: Texas-2015-HB2340-Enrolled.html
H.B. No. 2340 |
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relating to regulation of prescribed pediatric extended care | ||
centers; amending a provision subject to a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 248A.051(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A person may not own or operate a prescribed pediatric | ||
extended care center in this state unless the person holds an | ||
initial, renewal, or temporary [ |
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chapter. An applicant for a prescribed pediatric extended care | ||
center license may not provide services under that license until | ||
the department issues the license. | ||
(b) A separate initial, renewal, or temporary license is | ||
required for each center located on separate premises, regardless | ||
of whether the centers are under the ownership or operation of the | ||
same person. | ||
SECTION 2. The heading to Section 248A.052, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 248A.052. INITIAL LICENSE APPLICATION; ISSUANCE. | ||
SECTION 3. Section 248A.052(a), Health and Safety Code, as | ||
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
2015, and Section 248A.052(c), Health and Safety Code, are amended | ||
to read as follows: | ||
(a) An applicant for an initial [ |
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extended care center license shall submit to the department in | ||
accordance with department rules: | ||
(1) a sworn application on the form prescribed by the | ||
department; | ||
(2) a letter of credit as prescribed by the department | ||
to demonstrate the applicant's financial viability; and | ||
(3) the required fees. | ||
(c) The department shall issue an initial [ |
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center under this chapter if the department determines that the | ||
applicant and the center meet the requirements of this chapter and | ||
the rules and standards adopted under this chapter. The license | ||
must include: | ||
(1) the license holder's name; | ||
(2) the location of the premises of the center; and | ||
(3) a statement indicating the center provides | ||
services to minors for 12 hours or less in a 24-hour period and does | ||
not provide 24-hour care. | ||
SECTION 4. Subchapter B, Chapter 248A, Health and Safety | ||
Code, is amended by adding Section 248A.0525 to read as follows: | ||
Sec. 248A.0525. TEMPORARY LICENSE PROCEDURES. (a) An | ||
applicant for an initial license under Section 248A.052 may | ||
request, in the manner prescribed by the department and in | ||
accordance with this section, that the department issue a temporary | ||
license pending the department's review of the applicant's | ||
application for an initial license. An applicant is not required to | ||
request a temporary license to receive an initial or renewal | ||
license. | ||
(b) A temporary license issued under this section | ||
authorizes an applicant to provide nonresidential basic services to | ||
not more than six minors until the temporary license expires or | ||
terminates in accordance with this section. | ||
(c) On receipt of a temporary license request, the | ||
department shall conduct a review of the applicant's policies, | ||
procedures, and staffing plans to serve minors in the center. | ||
(d) The department shall grant an applicant's request for a | ||
temporary license if the department determines the applicant is | ||
eligible for the license as provided by this subsection. The | ||
department may not grant a request for a temporary license if the | ||
department determines the applicant is ineligible for the license | ||
under this subsection. An applicant is eligible for a temporary | ||
license only if the applicant meets: | ||
(1) the license application requirements of Sections | ||
248A.052(a) and (b) and the license application rules adopted under | ||
this chapter; | ||
(2) the building requirements and standards for a | ||
center provided in department rules adopted under this chapter; and | ||
(3) the requirements of the department's review | ||
conducted under Subsection (c). | ||
(e) A temporary license issued under this section expires on | ||
the earlier of: | ||
(1) the 90th day after the date the temporary license | ||
is issued or the last day of any extension period granted by the | ||
department; or | ||
(2) the date an initial license is issued under | ||
Section 248A.052. | ||
(f) The department may not grant more than one extension of | ||
a temporary license issued under this section and may not grant an | ||
extension for a period that exceeds 90 days. The department shall | ||
grant an extension if a temporary license holder submits to the | ||
department an extension request in the manner prescribed by the | ||
department not later than the 30th day before the date the temporary | ||
license expires. | ||
(g) A temporary license holder must comply with this chapter | ||
and the rules adopted under this chapter for the period for which | ||
the temporary license is issued, including an extension, if | ||
applicable. The department may take an enforcement action against | ||
a temporary license holder for failure to comply with this chapter | ||
and the rules adopted under this chapter. | ||
(h) The department may conduct a complaint investigation | ||
and inspection of a temporary license holder. | ||
SECTION 5. The heading to Section 248A.053, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 248A.053. INITIAL OR RENEWAL LICENSE TERM; RENEWAL; | ||
NOTIFICATION. | ||
SECTION 6. Section 248A.053(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) An initial or renewal [ |
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chapter expires on the second anniversary of the date of issuance. | ||
SECTION 7. The heading to Section 248A.151, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 248A.151. ADMISSION CRITERIA FOR MINOR CLIENT; ADULT | ||
ACCOMPANIMENT. | ||
SECTION 8. Section 248A.151, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A minor client's parent, legal guardian, or managing | ||
conservator is not required to accompany the client when: | ||
(1) the client receives services in the center, | ||
including therapy services delivered in the center but billed | ||
separately; or | ||
(2) the center transports or provides for the | ||
transport of the client to and from the center. | ||
SECTION 9. Subchapter D, Chapter 248A, Health and Safety | ||
Code, is amended by adding Section 248A.158 to read as follows: | ||
Sec. 248A.158. RELATION TO NURSING SERVICES. Nursing | ||
services provided by a center must be a one-to-one replacement of | ||
private duty nursing or other skilled nursing services unless | ||
additional nursing services are medically necessary. | ||
SECTION 10. Not later than September 1, 2016, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules necessary to implement Chapter 248A, Health and | ||
Safety Code, as amended by this Act. | ||
SECTION 11. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall establish a reimbursement rate for | ||
licensed pediatric extended care centers that are enrolled in the | ||
medical assistance program that, when converted to an hourly rate, | ||
is not more than 70 percent of the average hourly unit rate for | ||
private duty nursing provided under the Texas Health Steps | ||
Comprehensive Care Program. | ||
SECTION 12. If before implementing any provision of this | ||
Act a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 13. The changes in law made by this Act related to | ||
temporary licenses apply only to a temporary license application | ||
submitted to or an inspection conducted by the Department of Aging | ||
and Disability Services on or after September 1, 2016. | ||
SECTION 14. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2340 was passed by the House on May 6, | ||
2015, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2340 was passed by the Senate on May | ||
23, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |