Bill Text: TX HR2027 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 3720.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-05-30 - Reported enrolled [HR2027 Detail]
Download: Texas-2021-HR2027-Enrolled.html
H.R. No. 2027 |
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BE IT RESOLVED by the House of Representatives of the State of | ||
Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, | ||
Section 9(a), be suspended in part as provided by House Rule 13, | ||
Section 9(f), to enable the conference committee appointed to | ||
resolve the differences on House Bill 3720 (long-term care | ||
facilities for and Medicaid waiver programs available to certain | ||
individuals, including individuals with intellectual and | ||
developmental disabilities) to consider and take action on the | ||
following matters: | ||
(1) House Rule 13, Section 9(a)(2), is suspended to permit | ||
the committee to omit text not in disagreement by omitting proposed | ||
Section 531.06035, Government Code, and the transition language | ||
associated with that section. The omitted text imposes a duty on | ||
the Health and Human Services Commission to conduct a medical | ||
necessity assessment of a child who receives Supplemental Security | ||
Income (SSI) before placing the child on the interest list for the | ||
medically dependent children (MDCP) program. | ||
Explanation: The omission of the text is necessary to remove | ||
the duty imposed on the Health and Human Services Commission to | ||
conduct certain medical necessity assessments of a child who | ||
receives Supplemental Security Income (SSI) before placing the | ||
child on the interest list for the medically dependent children | ||
(MDCP) program. | ||
(2) House Rule 13, Section 9(a)(4), is suspended to permit | ||
the committee to add text on a matter not included in either the | ||
house or senate version of the bill by adding the following new | ||
SECTION to the bill: | ||
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. | ||
Explanation: This addition is necessary to change the | ||
composition of the Texas Long-Term Care Facilities Council to | ||
include at least one member who is a community-based provider at | ||
certain intermediate care facilities. | ||
(3) House Rule 13, Section 9(a)(4), is suspended to permit | ||
the committee to add text on a matter not included in either the | ||
house or senate version of the bill by adding the following new | ||
SECTIONS to the bill: | ||
SECTION 3. 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 4. 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 6. Not later than December 1, 2021, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules necessary to implement Section 252.065(b), Health | ||
and Safety Code, as amended by this Act, and Section 161.089, Human | ||
Resources Code, as amended by this Act. | ||
SECTION 7. 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. | ||
Explanation: The changes are necessary to implement certain | ||
changes to law relating to the imposition of administrative | ||
penalties against certain long-term care facilities, including a | ||
change to the amount of an administrative penalty for certain | ||
violations committed by intermediate care facilities for | ||
individuals with an intellectual disability and a change to ensure | ||
the executive commissioner of the Health and Human Services | ||
Commission adopts standard and consistent rules relating to the | ||
interpretation and consistent application of administrative | ||
penalties against certain long-term care facilities. | ||
Frank | ||
______________________________ | ||
Speaker of the House | ||
I certify that H.R. No. 2027 was adopted by the House on May | ||
30, 2021, by the following vote: Yeas 140, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||