Bill Text: TX SB1562 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to enforcement for violations of duplicate state and federal regulations by long-term facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-21 - Referred to Health & Human Services [SB1562 Detail]
Download: Texas-2017-SB1562-Introduced.html
85R8154 KKR-F | ||
By: Kolkhorst | S.B. No. 1562 |
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relating to enforcement for violations of duplicate state and | ||
federal regulations by long-term facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 242.070, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission | ||
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this chapter and Chapter 32, Human Resources Code, for a violation | ||
arising out of the same act or failure to act, except as provided by | ||
Section 242.0665(c). The commission [ |
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greater of a monetary penalty under this chapter or a monetary | ||
penalty under Chapter 32, Human Resources Code, for the same act or | ||
failure to act. | ||
(b) The commission may not include in a final statement of | ||
violations under Section 242.0445 or impose a monetary penalty or | ||
other remedy authorized by this chapter for a violation if: | ||
(1) the violation is related to an area of care subject | ||
to the same standard under both federal certification and state | ||
licensing requirements; | ||
(2) the facility's act or omission constitutes a | ||
violation of this chapter or a rule or standard adopted under this | ||
chapter and a parallel federal law or regulation related to the | ||
operation of the facility; | ||
(3) the commission's written list of violations | ||
provided under Section 242.0445 identifies the act or omission that | ||
violates the parallel federal law or regulation; and | ||
(4) the violation, as determined by the department | ||
consistent with Section 242.0665, does not: | ||
(A) result in serious harm to or death of a | ||
resident; or | ||
(B) constitute a serious threat to the health or | ||
safety of a resident. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Section 242.070(b), Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |