Bill Text: TX HB3240 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the composition of the Long-Term Care Facilities Council and rules related to and the imposition of administrative penalties against certain long-term care facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB3240 Detail]
Download: Texas-2021-HB3240-Comm_Sub.html
By: Klick (Senate Sponsor - Kolkhorst) | H.B. No. 3240 | |
(In the Senate - Received from the House May 10, 2021; | ||
May 11, 2021, read first time and referred to Committee on Health & | ||
Human Services; May 21, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 21, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3240 | By: Miles |
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relating to the composition of the Long-Term Care Facilities | ||
Council and rules related to and the imposition of administrative | ||
penalties against certain long-term care facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 531.0581(b), Government Code, is amended | ||
to read as follows: | ||
(b) The executive commissioner shall establish a Long-Term | ||
Care Facilities Council as a permanent advisory committee to the | ||
commission. The council is composed of the following members | ||
appointed by the executive commissioner: | ||
(1) at least one member who is a for-profit nursing | ||
facility provider; | ||
(2) at least one member who is a nonprofit nursing | ||
facility provider; | ||
(3) at least one member who is an assisted living | ||
services provider; | ||
(4) at least one member responsible for survey | ||
enforcement within the state survey and certification agency; | ||
(5) at least one member responsible for survey | ||
inspection within the state survey and certification agency; | ||
(6) at least one member of the state agency | ||
responsible for informal dispute resolution; | ||
(7) at least one member with expertise in Medicaid | ||
quality-based payment systems for long-term care facilities; | ||
(8) at least one member who is a practicing medical | ||
director of a long-term care facility; [ |
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(9) at least one member who is a physician with | ||
expertise in infectious disease or public health; and | ||
(10) at least one member who is a community-based | ||
provider at an intermediate care facility for individuals with | ||
intellectual or developmental disabilities licensed under Chapter | ||
252, Health and Safety Code. | ||
SECTION 2. Section 252.065(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The penalty for a facility with fewer than 60 beds shall | ||
be not less than $100 or more than $1,000 for each violation. The | ||
penalty for a facility with 60 beds or more shall be not less than | ||
$100 or more than $5,000 for each violation. Each day a violation | ||
occurs or continues is a separate violation for purposes of | ||
imposing a penalty. The total amount of penalties [ |
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assessed under this subsection for an on-site regulatory visit or | ||
complaint investigation, regardless of the duration of any ongoing | ||
violations, [ |
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exceed: | ||
(1) $5,000 for a facility with fewer than 60 beds; and | ||
(2) $25,000 for a facility with 60 beds or more. | ||
SECTION 3. Section 161.089, Human Resources Code, is | ||
amended by amending Subsection (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) After consulting with appropriate stakeholders, the | ||
executive commissioner shall develop and adopt rules regarding the | ||
imposition of administrative penalties under this section. The | ||
rules must: | ||
(1) specify the types of violations that warrant | ||
imposition of an administrative penalty; | ||
(2) establish a schedule of progressive | ||
administrative penalties in accordance with the relative type, | ||
frequency, and seriousness of a violation; | ||
(3) prescribe reasonable amounts to be imposed for | ||
each violation giving rise to an administrative penalty, subject to | ||
Subdivision (4); | ||
(4) authorize the imposition of an administrative | ||
penalty in an amount not to exceed $5,000 for each violation; | ||
(5) provide that a provider commits a separate | ||
violation each day the provider continues to violate the law or | ||
rule; | ||
(6) ensure standard and consistent application of | ||
administrative penalties throughout the state; [ |
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(7) provide for an administrative appeals process to | ||
adjudicate claims and appeals relating to the imposition of an | ||
administrative penalty under this section that is in accordance | ||
with Chapter 2001, Government Code; and | ||
(8) ensure standard and consistent interpretation of | ||
service delivery rules and consistent application of | ||
administrative penalties throughout this state. | ||
(c-1) On adoption of the rules under Subsection (c), the | ||
executive commissioner shall develop interpretative guidelines for | ||
regulatory staff and providers regarding the imposition of | ||
administrative penalties under this section. | ||
SECTION 4. Not later than December 1, 2021, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules necessary to implement the changes in law made by | ||
this Act. | ||
SECTION 5. The Health and Human Services Commission may not | ||
assess a penalty under Section 161.089, Human Resources Code, as | ||
amended by this Act, until the executive commissioner of the Health | ||
and Human Services Commission: | ||
(1) adopts the rules necessary to implement Section | ||
161.089(c)(8), Human Resources Code, as added by this Act; and | ||
(2) develops the interpretive guidelines required by | ||
Section 161.089(c-1), Human Resources Code, as added by this Act. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
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