Bill Text: TX HB933 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to inspection procedures in and a legislative oversight committee for certain long-term care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-01 - Referred to Human Services [HB933 Detail]

Download: Texas-2021-HB933-Introduced.html
  87R569 EAS-F
 
  By: Raymond H.B. No. 933
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to inspection procedures in and a legislative oversight
  committee for certain long-term care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 247.027, Health and Safety Code, is
  amended by adding Subsections (c), (d), and (e) to read as follows:
         (c)  An officer or employee of an assisted living facility
  may require a commission inspector who is a licensed health care
  professional to provide proof of licensure before the inspector
  conducts an inspection of the facility.
         (d)  A commission inspector shall include on the
  commission's inspection checklist:
               (1)  a brief description of the evidence supporting
  each cited violation; and
               (2)  the name and title of the person who discovered
  each cited violation.
         (e)  The executive commissioner shall:
               (1)  adopt rules to ensure that among the commission's
  community services regions the commission uniformly administers
  inspections and consistently interprets and enforces the laws and
  rules regulating assisted living facilities; and
               (2)  prepare and deliver a semiannual progress report
  on uniform administration, interpretation, and enforcement to
  appropriate health and human services legislative standing
  committees.
         SECTION 2.  Section 247.0271, Health and Safety Code, is
  amended by adding Subsections (c-1) and (e) to read as follows:
         (c-1)  The inspector may not:
               (1)  conduct an additional inspection during an
  additional exit conference; or
               (2)  use an additional exit conference to retaliate
  against an assisted living facility for:
                     (A)  filing a complaint against the commission or
  the inspector regarding an inspection; or
                     (B)  requesting an administrative hearing to
  contest a cited violation.
         (e)  The inspector may not require an assisted living
  facility, through an inspection or the final official statement of
  violations, to take any action that conflicts with a written order
  of a physician.  A facility in the facility's plan of correction
  shall provide evidence that the statement of violations conflicts
  with the physician's written order.  A facility is not required to
  correct a violation that conflicts with the physician's written
  order.
         SECTION 3.  Section 252.040, Health and Safety Code, is
  amended by amending Subsection (i) and adding Subsections (j) and
  (k) to read as follows:
         (i)  The commission [department] shall have specialized
  staff conduct inspections, surveys, or investigations of
  facilities under this section.  An officer or employee of a facility
  may require a commission representative who is a licensed health
  care professional to provide proof of licensure before the
  representative conducts an inspection, survey, or investigation of
  the facility.
         (j)  The commission or the commission's representative shall
  include on the commission's inspection form:
               (1)  a brief description of the evidence supporting
  each cited violation; and
               (2)  the name and title of the person who discovered
  each cited violation.
         (k)  The executive commissioner shall:
               (1)  adopt rules to ensure that among the commission's
  community services regions the commission uniformly administers
  inspections, surveys, and investigations and consistently
  interprets and enforces the laws and rules regulating facilities
  licensed under this chapter; and
               (2)  prepare and deliver a semiannual progress report
  on uniform administration, interpretation, and enforcement to the
  appropriate health and human services legislative standing
  committees.
         SECTION 4.  Section 252.044, Health and Safety Code, is
  amended by adding Subsections (b-1) and (d) to read as follows:
         (b-1)  The commission or the commission's representative may
  not:
               (1)  conduct an additional inspection, survey, or
  investigation during an additional exit conference; or
               (2)  use an additional exit conference to retaliate
  against a facility for:
                     (A)  filing a complaint against the commission or
  the commission's representative regarding an inspection, survey,
  or investigation; or
                     (B)  requesting an administrative hearing to
  contest a cited violation.
         (d)  The commission or the commission's representative may
  not require a facility, through an inspection, survey, or
  investigation or the final official statement of violations, to
  take any action that conflicts with a written order of a physician.  
  A facility in the facility's plan to correct violations shall
  provide evidence that the statement of violations conflicts with
  the physician's written order.  A facility is not required to
  correct a violation that conflicts with the physician's written
  order.
         SECTION 5.  Chapter 531, Government Code, is amended by
  adding Subchapter E-1 to read as follows:
  SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE
         Sec. 531.181.  DEFINITIONS. In this subchapter:
               (1)  "Committee" means the long-term care legislative
  oversight committee.
               (2)  "Facility" means:
                     (A)  a nursing facility licensed under Chapter
  242, Health and Safety Code;
                     (B)  an assisted living facility licensed under
  Chapter 247, Health and Safety Code; and
                     (C)  an intermediate care facility licensed under
  Chapter 252, Health and Safety Code.
         Sec. 531.182.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.  
  (a) The committee is composed of:
               (1)  two members of the senate and one public member
  appointed by the lieutenant governor; and
               (2)  two members of the house of representatives and
  one public member appointed by the speaker of the house of
  representatives.
         (b)  A member of the committee serves at the pleasure of the
  appointing official.
         (c)  The lieutenant governor and the speaker of the house of
  representatives shall alternate appointing the presiding officer
  of the committee. The presiding officer shall serve a two-year term
  expiring February 1 of each odd-numbered year.
         Sec. 531.183.  COMMITTEE POWERS AND DUTIES. (a) The
  committee shall:
               (1)  meet at the call of the presiding officer;
               (2)  receive, review, and comment on rules proposed by
  the executive commissioner; and
               (3)  review recommendations for legislation proposed
  by the commission or the attorney general relating to facilities.
         (b)  Notwithstanding Chapter 551 or any other law, the
  committee may meet by telephone conference call, videoconference,
  or other similar telecommunication method.  A meeting held by
  telephone conference call, videoconference, or other similar
  telecommunication method is subject to the requirements of Sections
  551.125(c), (d), (e), and (f).
         (c)  The committee may hear a facility's complaint regarding
  an operational dispute and make a recommendation to the commission.
         (d)  The committee may issue process, in accordance with
  Section 301.024, to compel the attendance of witnesses and the
  production of books, records, documents, and instruments required
  by the committee.
         (e)  The committee may monitor the effectiveness and
  efficiency of the facility regulatory system of this state.
         (f)  The committee may propose legislation relating to
  facilities.
         (g)  The committee may request reports and other information
  from the commission and the attorney general relating to:
               (1)  the facility regulatory and enforcement system of
  this state;
               (2)  the standards for including a facility in the
  STAR+PLUS Medicaid managed care program; and 
               (3)  the effectiveness of the STAR+PLUS Medicaid
  managed care program in reducing preventable acute care costs.
         (h)  The committee shall use the existing staff resources of
  the senate and the house of representatives to assist the committee
  in performing its duties under this section.
         Sec. 531.184.  REPORT. (a) The committee shall submit a
  report to the governor, lieutenant governor, and speaker of the
  house of representatives not later than November 15 of each
  even-numbered year.
         (b)  The report must:
               (1)  identify any significant problems in the facility
  regulatory and enforcement system, with recommendations for
  action;
               (2)  examine the effectiveness and efficiency of the
  facility regulatory system of this state, with recommendations for
  action; and
               (3)  include recommendations for any necessary or
  appropriate legislative action.
         Sec. 531.185.  EXPIRATION. This subchapter expires
  September 1, 2025.
         SECTION 6.  (a)  As soon as practicable after the effective
  date of this Act, 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.
         (b)  Not later than December 1, 2021, the Health and Human
  Services Commission shall modify inspection forms to conform to the
  requirements of this Act.
         (c)  The changes in law made by this Act apply only to an
  inspection, survey, or investigation conducted on or after January
  1, 2022.
         (d)  As soon as practicable after the effective date of this
  Act, the lieutenant governor and the speaker of the house of
  representatives shall appoint members to the long-term care
  legislative oversight committee as required by Subchapter E-1,
  Chapter 531, Government Code, as added by this Act. The speaker of
  the house of representatives shall appoint the first presiding
  officer of the committee.
         SECTION 7.  This Act takes effect September 1, 2021.
feedback