Bill Text: TX SB204 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the continuation of the functions of the Department of Aging and Disability Services; increasing penalties.

Sponsorship: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2015-05-28 - House appoints conferees-reported [SB204 Detail]

Download: Texas-2015-SB204-Comm_Sub.html

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84R30188 GCB-D
By: Hinojosa, et al. S.B. No. 204
(Raymond)
Substitute the following for S.B. No. 204: No.

A BILL TO BE ENTITLED
AN ACT
relating to the continuation of the functions of the Department of
Aging and Disability Services; increasing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.042(e), Health and Safety Code, is
amended to read as follows:
(e) The following persons shall report to the local health
authority or the department a suspected case of a reportable
disease and all information known concerning the person who has or
is suspected of having the disease if a report is not made as
required by Subsections (a)-(d):
(1) a professional registered nurse;
(2) an administrator or director of a public or
private temporary or permanent child-care facility;
(3) an administrator or director of a nursing home,
personal care home, adult respite care center, or adult day
services facility [day-care center];
(4) an administrator of a home health agency;
(5) an administrator or health official of a public or
private institution of higher education;
(6) an owner or manager of a restaurant, dairy, or
other food handling or processing establishment or outlet;
(7) a superintendent, manager, or health official of a
public or private camp, home, or institution;
(8) a parent, guardian, or householder;
(9) a health professional;
(10) an administrator or health official of a penal or
correctional institution; or
(11) emergency medical service personnel, a peace
officer, or a firefighter.
SECTION 2. Subchapter A, Chapter 142, Health and Safety
Code, is amended by adding Section 142.0125 to read as follows:
Sec. 142.0125. PROGRESSIVE SANCTIONS. (a) The executive
commissioner by rule shall create a matrix of progressive sanctions
that the department must use to assess penalty amounts and impose
disciplinary actions under this chapter appropriately and fairly
for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law
for which this chapter provides a sanction.
(b) The matrix of progressive sanctions adopted under this
section must provide for increases in amounts of administrative
penalties based on type, frequency, and seriousness of violations
and must provide guidance for determining appropriate and graduated
administrative penalties to assess under this chapter to deter
future violations, including guidance on considering the factors
listed in this chapter for determining the amount of a penalty.
(b-1) The matrix of progressive sanctions adopted under
this section must provide for imposing lesser sanctions for lesser
violations, which may include violations that:
(1) are technical, clerical, or de minimis in nature;
(2) do not involve abuse, neglect, or exploitation of
a client; and
(3) do not cause injury or impairment to a client or
cause the death of a client.
(c) The matrix of progressive sanctions adopted under this
section must provide for imposing stronger sanctions, including
license suspension or revocation, for more serious violations or
for repeated violations as appropriate to deter future serious or
repeated violations. The matrix of progressive sanctions must
describe appropriate time frames to be used in determining whether
a home and community support services agency has committed repeated
violations or has engaged in a pattern of repeated violations, such
as repeated violations found in consecutive regular inspections.
SECTION 3. Sections 142.017(b) and (j), Health and Safety
Code, are amended to read as follows:
(b) The penalty shall be not less than $100 or more than
$5,000 [$1,000] for each violation. Each day of a violation that
occurs before the day on which the person receives written notice of
the violation from the department does not constitute a separate
violation and shall be considered to be one violation. Each day of
a continuing violation that occurs after the day on which the person
receives written notice of the violation from the department
constitutes a separate violation.
(j) The executive commissioner by rule shall define the
types of minor violations an agency may correct under Subsection
(e) before the department may assess an administrative penalty.
The executive commissioner shall ensure that all other violations
are not subject to a right to correct [The department may assess an
administrative penalty without providing a reasonable period of
time to the agency to correct the violation if the violation:
[(1) results in serious harm or death;
[(2) constitutes a serious threat to health or safety;
[(3) substantially limits the agency's capacity to
provide care;
[(4) is a violation in which a person:
[(A) makes a false statement, that the person
knows or should know is false, of a material fact:
[(i) on an application for issuance or
renewal of a license or in an attachment to the application; or
[(ii) with respect to a matter under
investigation by the department;
[(B) refuses to allow a representative of the
department to inspect a book, record, or file required to be
maintained by an agency;
[(C) wilfully interferes with the work of a
representative of the department or the enforcement of this
chapter;
[(D) wilfully interferes with a representative
of the department preserving evidence of a violation of this
chapter or a rule, standard, or order adopted or license issued
under this chapter;
[(E) fails to pay a penalty assessed by the
department under this chapter not later than the 10th day after the
date the assessment of the penalty becomes final; or
[(F) fails to submit:
[(i) a plan of correction not later than the
10th day after the date the person receives a statement of licensing
violations; or
[(ii) an acceptable plan of correction not
later than the 30th day after the date the person receives
notification from the department that the previously submitted plan
of correction is not acceptable;
[(5) is a violation of Section 142.0145; or
[(6) involves the rights of the elderly under Chapter
102, Human Resources Code].
SECTION 4. Section 164.003(5), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(5) "Mental health facility" means:
(A) a "mental health facility" as defined by
Section 571.003;
(B) a residential treatment facility, other than
a mental health facility, in which persons are treated for
emotional problems or disorders in a 24-hour supervised living
environment; and
(C) an adult day services [day-care] facility as
defined by Section 103.003, Human Resources Code.
SECTION 5. (a) It is the intent of the legislature that
Section 242.061, Health and Safety Code, as amended by this
section, establish a ceiling or maximum number of violations
related to the abuse and neglect of a resident that a facility can
commit before the executive commissioner is required to revoke the
facility's license. The changes in law made by this section are not
intended to limit or diminish the department's permissive authority
to revoke a license under Chapter 242, Health and Safety Code.
(b) Section 242.061, Health and Safety Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
(c-1), (e), and (e-1) to read as follows:
(a) In this section:
(1) "Abuse" has the meaning assigned by Section
260A.001.
(2) "Immediate threat to health and safety" means a
situation in which immediate corrective action is necessary because
the facility's noncompliance with one or more requirements has
caused, or is likely to cause, serious injury, harm, impairment, or
death to a resident.
(3) "Neglect" has the meaning assigned by Section
260A.001.
(a-1) The department, after providing notice and
opportunity for a hearing to the applicant or license holder, may
deny, suspend, or revoke a license if the department finds that the
applicant, the license holder, or any other person described by
Section 242.032(d) has:
(1) violated this chapter or a rule, standard, or
order adopted or license issued under this chapter in either a
repeated or substantial manner;
(2) committed any act described by Sections
242.066(a)(2)-(6); or
(3) failed to comply with Section 242.074.
(a-2) Except as provided by Subsection (a-3) or (e-1), the
executive commissioner shall revoke a license under Subsection
(a-1) if the department finds that:
(1) the license holder has committed three violations
described by Subsection (a-1), within a 24-month period, that
constitute an immediate threat to health and safety related to the
abuse or neglect of a resident; and
(2) each of the violations described by Subdivision
(1) is reported in connection with a separate survey, inspection,
or investigation visit that occurred on separate entrance and exit
dates.
(a-3) The executive commissioner may not revoke a license
under Subsection (a-2) due to a violation described by Subsection
(a-2)(1), if:
(1) the violation and the determination of immediate
threat to health and safety are not included on the written list of
violations left with the facility at the time of the initial exit
conference under Section 242.0445(b) for a survey, inspection, or
investigation;
(2) the violation is not included on the final
statement of violations described by Section 242.0445; or
(3) the violation has been reviewed under the informal
dispute resolution process established by Section 531.058,
Government Code, and a determination was made that:
(A) the violation should be removed from the
license holder's record; or
(B) the violation is reduced in severity so that
the violation is no longer cited as an immediate threat to health
and safety related to the abuse or neglect of a resident.
(c-1) In the case of revocation of a license under
Subsection (a-2), to ensure the health and safety of residents of
the institution, the department may:
(1) request the appointment of a trustee to operate
the institution under Subchapter D;
(2) assist with obtaining a new operator for the
institution; or
(3) assist with the relocation of residents to another
institution.
(e) The executive commissioner may stay a license
revocation required by Subsection (a-2) if the executive
commissioner determines that the stay would not jeopardize the
health and safety of the residents of the facility or place the
residents at risk of abuse or neglect. The executive commissioner
by rule shall establish criteria under which a license revocation
may be stayed under this subsection. The executive commissioner
shall follow negotiated rulemaking procedures prescribed by
Chapter 2008, Government Code, for the adoption of rules
establishing the criteria. The criteria established must permit
the executive commissioner to stay a license revocation of a
nursing facility for which the department has deployed a rapid
response team under Section 255.004, if the facility has cooperated
with the rapid response team and demonstrated improvement in
quality of care, as determined by the rapid response team.
(e-1) The executive commissioner may stay a license
revocation required by Subsection (a-2) for a veterans home, as
defined by Section 164.002, Natural Resources Code, if the
Veterans' Land Board contracts with a different entity to operate
the veterans home than the entity that operated the home during the
period in which the violations described by Subsection (a-2)
occurred.
SECTION 6. Subchapter C, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0613 to read as follows:
Sec. 242.0613. PROGRESSIVE SANCTIONS. (a) The executive
commissioner by rule shall create a matrix of progressive sanctions
that the department must use to assess penalty amounts and impose
disciplinary actions under this chapter appropriately and fairly
for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law
for which this chapter provides a sanction.
(b) The matrix of progressive sanctions adopted under this
section must provide for increases in amounts of administrative
penalties based on type, frequency, and seriousness of violations
and must provide guidance for determining appropriate and graduated
administrative penalties to assess under this chapter to deter
future violations, including guidance on considering the factors
listed in this chapter for determining the amount of a penalty.
(c) The matrix of progressive sanctions adopted under this
section must provide for imposing stronger sanctions, including
license suspension or revocation, for more serious violations or
for repeated violations as appropriate to deter future serious or
repeated violations. The matrix of progressive sanctions must
describe appropriate time frames to be used in determining whether
a facility has committed repeated violations or has engaged in a
pattern of repeated violations, such as repeated violations found
in consecutive regular inspections.
SECTION 7. Section 242.0615(a), Health and Safety Code, is
amended to read as follows:
(a) The department, after providing notice and opportunity
for a hearing, may exclude a person from eligibility for a license
under this chapter if the person or any person described by Section
242.032(d) has substantially failed to comply with this chapter and
the rules adopted under this chapter. The authority granted by this
subsection is in addition to the authority to deny issuance of a
license under Section 242.061(a-1) [242.061(a)].
SECTION 8. Section 242.0665(b), Health and Safety Code, is
amended to read as follows:
(b) The executive commissioner by rule shall define types of
minor violations a facility may correct under Subsection (a) before
the department may assess an administrative penalty. The executive
commissioner shall ensure that all other violations are not subject
to a right to correct [Subsection (a) does not apply:
[(1) to a violation that the department determines:
[(A) results in serious harm to or death of a
resident;
[(B) constitutes a serious threat to the health
or safety of a resident; or
[(C) substantially limits the institution's
capacity to provide care;
[(2) to a violation described by Sections
242.066(a)(2)-(7);
[(3) to a violation of Section 260A.014 or 260A.015;
or
[(4) to a violation of a right of a resident adopted
under Subchapter L].
SECTION 9. Subchapter C, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0415 to read as follows:
Sec. 247.0415. PROGRESSIVE SANCTIONS. (a) The executive
commissioner by rule shall create a matrix of progressive sanctions
that the department must use to assess penalty amounts and impose
disciplinary actions under this chapter appropriately and fairly
for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law
for which this chapter provides a sanction.
(b) The matrix of progressive sanctions adopted under this
section must provide for increases in amounts of administrative
penalties based on type, frequency, and seriousness of violations
and must provide guidance for determining appropriate and graduated
administrative penalties to assess under this chapter to deter
future violations, including guidance on considering the factors
listed in this chapter for determining the amount of a penalty.
(c) The matrix of progressive sanctions adopted under this
section must provide for imposing stronger sanctions, including
license suspension or revocation, for more serious violations or
for repeated violations as appropriate to deter future serious or
repeated violations. The matrix of progressive sanctions must
describe appropriate time frames to be used in determining whether
an assisted living facility has committed repeated violations or
has engaged in a pattern of repeated violations, such as repeated
violations found in consecutive regular inspections.
SECTION 10. Section 247.0451(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Section 247.0452(c), the penalty
may not exceed $5,000 [$1,000] for each violation. Each day a
violation occurs or continues after the date the department
provides written notification of the violation is considered a
separate violation. The violation is considered a single violation
for any days of violation that occurred on or before the date the
department provides written notification of the violation.
SECTION 11. Section 247.0452(b), Health and Safety Code, is
amended to read as follows:
(b) The executive commissioner by rule shall define the
types of minor violations an assisted living facility may correct
under Subsection (a) before the department may assess an
administrative penalty. The executive commissioner shall ensure
that all other violations are not subject to a right to
correct [Subsection (a) does not apply:
[(1) to a violation that the department determines
results in serious harm to or death of a resident;
[(2) to a violation described by Sections
247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
[(3) to a second or subsequent violation of:
[(A) a right of the same resident under Section
247.064; or
[(B) the same right of all residents under
Section 247.064; or
[(4) to a violation described by Section 247.066,
which contains its own right to correct provisions].
SECTION 12. Section 247.051(a), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a) The executive commissioner by rule shall establish an
informal dispute resolution process to address disputes between a
facility and the department concerning a statement of violations
prepared by the department in accordance with this section. The
process must provide for adjudication by an appropriate
disinterested person of disputes relating to a statement of
violations. The informal dispute resolution process must require:
(1) the assisted living facility to request informal
dispute resolution not later than the 10th day after the date of
notification by the department of the violation of a standard or
standards;
(2) that the [commission to complete the] process be
completed not later than the 90th day after the date of receipt of a
request from the assisted living facility for informal dispute
resolution;
(3) that, not later than the 10th business day after
the date an assisted living facility requests an informal dispute
resolution, the department forward to the assisted living facility
a copy of all information that is referred to in the disputed
statement of violations or on which a citation is based in
connection with the survey, inspection, investigation, or other
visit, excluding:
(A) the name of any complainant, witness, or
informant;
(B) any information that would reasonably lead to
the identification of a complainant, witness, or informant;
(C) information obtained from or contained in the
records of the facility;
(D) information that is publicly available; or
(E) information that is confidential by law;
(4) that [the commission to give] full consideration
is given to all [factual] arguments raised during the informal
dispute resolution process that:
(A) are supported by references to specific
information that the facility or department relies on to dispute or
support findings in the statement of violations; and
(B) are provided by the proponent of the argument
[to the commission] and the opposing party;
(5) that full consideration is given during the
informal dispute resolution process [staff give full
consideration] to the information provided by the assisted living
facility and the department;
(6) that ex parte communications concerning the
substance of any argument relating to a survey, inspection,
investigation, visit, or statement of violations under
consideration not occur between the informal dispute resolution
staff and the assisted living facility or the department; and
(7) that the assisted living facility and the
department be given a reasonable opportunity to submit arguments
and information supporting the position of the assisted living
facility or the department and to respond to arguments and
information presented against them.
SECTION 13. Section 250.001(3), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(3) "Facility" means:
(A) a nursing facility, custodial care home, or
other institution licensed by the Department of Aging and
Disability Services under Chapter 242;
(B) an assisted living facility licensed by the
Department of Aging and Disability Services under Chapter 247;
(C) a home and community support services agency
licensed under Chapter 142;
(D) an adult day services [care] facility
licensed by the Department of Aging and Disability Services under
Chapter 103, Human Resources Code;
(E) an ICF-IID licensed under Chapter 252;
(F) an adult foster care provider that contracts
with the Department of Aging and Disability Services;
(G) a facility that provides mental health
services and that is operated by or contracts with the Department of
State Health Services;
(H) a local mental health authority designated
under Section 533.035 or a local intellectual and developmental
disability authority designated under Section 533.035;
(I) a person exempt from licensing under Section
142.003(a)(19);
(J) a special care facility licensed by the
Department of State Health Services under Chapter 248;
(K) a mental health service unit of a hospital
licensed under Chapter 241; or
(L) a prescribed pediatric extended care center
licensed by the Department of Aging and Disability Services under
Chapter 248A.
SECTION 14. Subchapter C, Chapter 252, Health and Safety
Code, is amended by adding Section 252.0615 to read as follows:
Sec. 252.0615. PROGRESSIVE SANCTIONS. (a) The executive
commissioner by rule shall create a matrix of progressive sanctions
that the department must use to assess penalty amounts and impose
disciplinary actions under this chapter appropriately and fairly
for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law
for which this chapter provides a sanction.
(b) The matrix of progressive sanctions adopted under this
section must provide for increases in amounts of administrative
penalties based on type, frequency, and seriousness of violations
and must provide guidance for determining appropriate and graduated
administrative penalties to assess under this chapter to deter
future violations, including guidance on considering the factors
listed in this chapter for determining the amount of a penalty.
(c) The matrix of progressive sanctions adopted under this
section must provide for imposing stronger sanctions, including
license suspension or revocation, for more serious violations or
for repeated violations as appropriate to deter future serious or
repeated violations. The matrix of progressive sanctions must
describe appropriate time frames to be used in determining whether
a facility has committed repeated violations or has engaged in a
pattern of repeated violations, such as repeated violations found
in consecutive regular inspections.
SECTION 15. Section 252.065, Health and Safety Code, is
amended by amending Subsection (b) and Subsection (e), as amended
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, 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. [The total amount of
the penalty assessed for a violation continuing or occurring on
separate days under this subsection may not exceed $5,000 for a
facility with fewer than 60 beds or $25,000 for a facility with 60
beds or more.] Each day a violation occurs or continues is a
separate violation for purposes of imposing a penalty.
(e) The executive commissioner by rule shall provide the
facility with a reasonable period of time, not less than 45 days,
following the first day of a violation to correct the violation
before the department may assess an administrative penalty if a
plan of correction has been implemented. The executive
commissioner by rule shall define the types of minor violations a
facility may correct before the department may assess an
administrative penalty. The executive commissioner shall ensure
that all other violations are not subject to a right to correct
[This subsection does not apply to a violation described by
Subsections (a)(2)-(8) or to a violation that the department
determines:
[(1) has resulted in serious harm to or the death of a
resident;
[(2) constitutes a serious threat to the health or
safety of a resident; or
[(3) substantially limits the institution's capacity
to provide care].
SECTION 16. Section 255.003, Health and Safety Code, is
amended by amending Subsections (b), (e), and (j) and adding
Subsections (b-1) and (i-1) to read as follows:
(b) Monitoring [Priority for monitoring] visits shall be
given to long-term care facilities:
(1) with a history of patient care deficiencies; or
(2) that are identified as medium risk through the
department's early warning system.
(b-1) A long-term care facility may request a monitoring
visit under this section.
(e) Quality-of-care monitors shall assess:
(1) the overall quality of life in the long-term care
facility; and
(2) specific conditions in the facility directly
related to patient care, including conditions identified through
the long-term care facility's quality measure reports based on
Minimum Data Set Resident Assessments.
(i-1) The department shall schedule a follow-up visit not
later than the 45th day after the date of an initial monitoring
visit conducted under this section.
(j) Conditions observed by the quality-of-care monitor that
create an immediate threat to the health or safety of a resident
shall be reported immediately to the long-term care facility
administrator, to the regional office supervisor for appropriate
action, and, as appropriate or as required by law, to law
enforcement, adult protective services, other divisions of the
department, or other responsible agencies.
SECTION 17. Section 255.004, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) In this section:
(1) "Abuse" has the meaning assigned by Section
260A.001.
(2) "Immediate threat to health and safety" means a
situation in which immediate corrective action is necessary because
the facility's noncompliance with one or more requirements has
caused, or is likely to cause, serious injury, harm, impairment, or
death to a resident.
(3) "Neglect" has the meaning assigned by Section
260A.001.
(a-1) The department shall create rapid response teams
composed of health care experts that can visit a long-term care
facility that:
(1) is [facilities] identified as high risk through
the department's early warning system; or
(2) if the long-term care facility is a nursing
institution, has committed three violations described by Section
242.061(a-1), within a 24-month period, that constitute an
immediate threat to health and safety related to the abuse or
neglect of a resident.
(a-2) A long-term care facility shall cooperate with a rapid
response team deployed under this section to improve the quality of
care provided at the facility.
SECTION 18. Subchapter B, Chapter 533A, Health and Safety
Code, as added by S.B. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended by adding Section 533A.044 to read as
follows:
Sec. 533A.044. CRISIS INTERVENTION TEAMS. (a) In this
section, "crisis intervention team" means a team of individuals
specially trained to provide services and support to persons with
an intellectual or developmental disability who have behavioral
health needs and who are at risk of institutionalization.
(b) The department shall evaluate the effectiveness of
various models of crisis intervention teams that are funded under a
waiver under Section 1115 of the federal Social Security Act (42
U.S.C. Section 1315) and operated by a local intellectual and
developmental disability authority.
(c) Not later than March 1, 2016, the department shall
select for implementation one or more models for crisis
intervention teams the department determines best provide
comprehensive, cost-effective support.
(d) The department shall determine the areas in this state
in which local intellectual and developmental disability
authorities do not operate crisis intervention teams. Subject to
available funding, the department shall develop a statewide system
of locally managed crisis intervention teams by:
(1) expanding existing teams to reach other local
service areas; or
(2) implementing new teams that operate in accordance
with a model selected under Subsection (c).
SECTION 19. Chapter 555, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. STATE SUPPORTED LIVING CENTER RESTRUCTURING AND
CLOSURES
Sec. 555.201. STATE SUPPORTED LIVING CENTER RESTRUCTURING
COMMISSION. (a) In this subchapter, "restructuring commission"
means the state supported living center restructuring commission.
(b) The restructuring commission consists of five members
appointed by the governor and the following three nonvoting ex
officio members:
(1) the executive commissioner or the executive
commissioner's designee;
(2) the executive director of the Texas Facilities
Commission or the executive director's designee; and
(3) the commissioner of the General Land Office or the
commissioner's designee.
(c) The restructuring commission is established to evaluate
each state supported living center in the state to determine
whether closure of the center is recommended to maintain only the
number of centers necessary to meet the level of need in the state.
In evaluating each state supported living center, the restructuring
commission shall consider:
(1) the quality of services provided by the center,
including the center's regulatory compliance and the center's
ability to meet the minimum ICF-IID standards;
(2) the costs of operating the center;
(3) the center's compliance with the 2009 settlement
agreement, as amended, between the department and the United States
Department of Justice regarding services provided to individuals
with an intellectual or developmental disability in state-operated
facilities;
(4) the availability of community service providers in
the area served by the center;
(5) the specialty services provided at the center,
including the ability of the center to serve alleged offenders or
high-risk residents;
(6) the availability of employment opportunities for
center employees if the center closes;
(7) any infrastructure deficiency costs relating to
the center;
(8) the property value of, the market demand for, and
any deed restrictions applicable to property and facilities of the
center;
(9) whether closure of the center would adversely
affect the geographic distribution of centers in the state;
(10) the availability and capacity of service
providers and resources in the community capable of delivering the
quality and level of care each resident of the center would require
following the center's closure;
(11) closure costs; and
(12) any other criteria the restructuring commission
considers appropriate.
(c-1) The restructuring commission shall hold public
hearings throughout the state in a manner that accommodates
individuals with disabilities and their families to solicit input
during the evaluation process under Subsection (c).
(d) Not later than December 1, 2016, the restructuring
commission shall submit to the governor, the lieutenant governor,
the speaker of the house of representatives, and the presiding
officers of the standing committees of the senate and house of
representatives having primary jurisdiction over intellectual and
developmental disability issues a report detailing the
restructuring commission's evaluation of each state supported
living center and, if applicable, proposing the closure of certain
centers.
(e) A member of the restructuring commission may not:
(1) have a direct or indirect interest in any contract
or proposed contract with a licensed provider of ICF-IID services,
or other provider of services to individuals with an intellectual
or developmental disability;
(2) acquire a direct or indirect pecuniary interest in
any provider of ICF-IID services, or other provider of services to
individuals with an intellectual or developmental disability;
(3) have a financial interest in the closure of a state
supported living center;
(4) be an agent, paid consultant, officer, or employee
of a state supported living center, state center, local authority,
licensed provider of ICF-IID services, or other provider of
services to individuals with an intellectual or developmental
disability;
(5) have a financial interest in a state supported
living center, state center, local authority, licensed provider of
ICF-IID services, or other provider of services to individuals with
an intellectual or developmental disability;
(6) be an officer, employee, or paid consultant of a
trade association in the field of residential services for
individuals with an intellectual or developmental disability;
(7) be a resident of a state supported living center;
or
(8) be related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a person who is an officer, employee, paid consultant, or resident
of a state supported living center, state center, local authority,
licensed provider of ICF-IID services, or other provider of
services to individuals with an intellectual or developmental
disability.
(f) The restructuring commission is abolished and this
section expires January 1, 2017.
Sec. 555.202. RECOMMENDED CLOSURES OF STATE SUPPORTED
LIVING CENTERS. (a) If the restructuring commission proposes the
closure of one or more state supported living centers, the 85th
Legislature shall consider legislation proposing the closure of the
centers recommended for closure. In considering the proposed
legislation described by this subsection, members of the
legislature may not propose amendments to the legislation.
(b) If the legislation described by Subsection (a) is
enacted and becomes law, the department shall ensure that each
state supported living center approved by the legislature for
closure under Subsection (a) is closed not later than August 31,
2025.
(c) This subchapter expires September 1, 2025.
Sec. 555.203. CLOSURE OF AUSTIN STATE SUPPORTED LIVING
CENTER. (a) The department shall establish a closure plan for the
Austin State Supported Living Center. The plan must provide for
closure of the facility and operations of the Austin State
Supported Living Center not later than August 31, 2017.
(b) The closure plan must provide procedures to transition
each resident of the Austin State Supported Living Center to the
community or to another state supported living center, taking into
consideration:
(1) whether the resident's care team recommends
placement in the community;
(2) whether a community placement is available for the
resident; and
(3) the resident's choice.
(c) The department may award one-time retention bonuses to
each person who holds a position designated as eligible for a bonus
by the commissioner and who agrees to continue to provide services
at the Austin State Supported Living Center until the center is
closed.
(d) The proceeds from the closure, including from the sale
or lease of facilities or other property, may be appropriated only
for services for persons with an intellectual or developmental
disability, including persons with a dual diagnosis of an
intellectual or developmental disability and mental illness.
(e) Not later than August 31, 2018, the department shall
evaluate the closure process, including how well the closure plan
worked, and, if appropriate, establish policies for improving the
closure process for future closures of other state supported living
centers.
(f) This section expires September 1, 2018.
SECTION 20. Section 531.0318, Government Code, is amended
by adding Subsections (b-1), (b-2), (d), and (e) to read as follows:
(b-1) Except as provided by Subsection (b-2), the
information for consumers required by this section must include for
each provider of long-term care services:
(1) a rating assigned by the Department of Aging and
Disability Services indicating the quality of the care provided or,
alternatively, a link to a rating assigned a provider on an Internet
website maintained by the federal government;
(2) information concerning quality of care, as that
information becomes available;
(3) staffing information, if available, including for
each year the number of staff members who began employment with the
provider during that year and the number of staff members who ceased
employment with the provider during that year;
(4) the ratio of staff members to residents; and
(5) the provider's regulatory performance, as
available.
(b-2) Subsection (b-1)(1) does not apply to, and the
Department of Aging and Disability Services is not required to
include the information described by that subsection for, a
facility licensed under Chapter 247, Health and Safety Code.
(d) The Department of Aging and Disability Services shall
immediately post notice on the department's Internet website when a
provider of long-term care services loses its Medicaid
certification.
(e) The Department of Aging and Disability Services shall
periodically solicit input regarding the content of the information
required under this section and the usability and accessibility of
the website on which the information is located from consumers,
consumer advocates, long-term care services providers, and the
general public.
SECTION 21. Section 531.058(a), Government Code, as amended
by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
2015, and Section 531.058(c), Government Code, are amended to read
as follows:
(a) The executive commissioner by rule shall establish an
informal dispute resolution process in accordance with this
section. The process must provide for adjudication by an
appropriate disinterested person of disputes relating to a proposed
enforcement action or related proceeding of the commission under
Section 32.021(d), Human Resources Code, or the Department of Aging
and Disability Services under Chapter 242, 247, or 252, Health and
Safety Code. The informal dispute resolution process must require:
(1) an institution or facility to request informal
dispute resolution not later than the 10th calendar day after
notification by the commission or department, as applicable, of the
violation of a standard or standards; and
(2) the completion of [commission to complete] the
process not later than:
(A) the 30th calendar day after receipt of a
request from an institution or facility, other than an assisted
living facility, for informal dispute resolution; or
(B) the 90th calendar day after receipt of a
request from an assisted living facility for informal dispute
resolution.
(c) The commission may not delegate its responsibility to
administer the informal dispute resolution process established by
this section to another state agency. This section does not apply
to the informal dispute resolution process established by Section
247.051, Health and Safety Code, applicable to assisted living
facilities licensed under Chapter 247, Health and Safety Code.
SECTION 22. Section 531.058, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) As part of the informal dispute resolution process
established under this section, the commission shall contract with
an appropriate disinterested person who is a nonprofit organization
to adjudicate disputes between an institution or facility licensed
under Chapter 242, Health and Safety Code, and the Department of
Aging and Disability Services concerning a statement of violations
prepared by the department in connection with a survey conducted by
the department of the institution or facility. Section 2009.053
does not apply to the selection of an appropriate disinterested
person under this subsection. The person with whom the commission
contracts shall adjudicate all disputes described by this
subsection.
SECTION 23. Section 531.951(a), Government Code, is amended
to read as follows:
(a) This subchapter applies only to the final licensing,
listing, or registration decisions of a health and human services
agency with respect to a person under the law authorizing the agency
to regulate the following types of persons:
(1) a youth camp licensed under Chapter 141, Health
and Safety Code;
(2) a home and community support services agency
licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed under Chapter 241, Health and
Safety Code;
(4) an institution licensed under Chapter 242, Health
and Safety Code;
(5) an assisted living facility licensed under Chapter
247, Health and Safety Code;
(6) a special care facility licensed under Chapter
248, Health and Safety Code;
(7) an intermediate care facility licensed under
Chapter 252, Health and Safety Code;
(8) a chemical dependency treatment facility licensed
under Chapter 464, Health and Safety Code;
(9) a mental hospital or mental health facility
licensed under Chapter 577, Health and Safety Code;
(10) a child-care facility or child-placing agency
licensed under or a family home listed or registered under Chapter
42, Human Resources Code; or
(11) an adult day services [day-care] facility
licensed under Chapter 103, Human Resources Code.
SECTION 24. Subchapter D, Chapter 48, Human Resources Code,
is amended by adding Section 48.15221 to read as follows:
Sec. 48.15221. REPORTS CONCERNING DAY HABILITATION
SERVICES PROVIDERS. (a) In this section, "day habilitation
services" and "day habilitation services provider" have the
meanings assigned by Section 161.401.
(b) The department shall prepare and submit to the
Department of Aging and Disability Services an annual report of the
number of investigations arising from a report of abuse, neglect,
or exploitation of a person with an intellectual or developmental
disability that was allegedly committed by or on the premises of a
day habilitation services provider, and whether the investigation
concluded that the report of alleged abuse, neglect, or
exploitation was confirmed, unconfirmed, inconclusive, or
unfounded.
(c) The duty to prepare and submit a report under Subsection
(b) does not affect the duty of the department to investigate and
hold accountable a community-based intellectual and developmental
disabilities services provider or intermediate care facility for
any abuse, neglect, or exploitation of a person who receives day
habilitation services from the provider.
SECTION 25. The heading to Chapter 103, Human Resources
Code, is amended to read as follows:
CHAPTER 103. ADULT DAY SERVICES [CARE]
SECTION 26. Section 103.001, Human Resources Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 103.001. PURPOSE. It is the purpose of this chapter to
establish programs of quality adult day services [care and day
health care] that will enable persons with disabilities who have
medical or functional impairments and elderly persons to maintain
maximum independence and to prevent premature or inappropriate
institutionalization. It is the purpose of this chapter to provide
adequately regulated supervision for elderly persons and persons
with disabilities while enabling them to remain in a family
environment and affording the family a measure of normality in its
daily activities. The legislature intends to provide for the
development of policies and programs that will:
(1) provide alternatives to institutionalization;
(2) establish facilities for adult day services [care
and day health care] throughout the state that offer services and
are accessible to economically disadvantaged persons; and
(3) prevent inappropriate institutionalization.
SECTION 27. Section 103.002, Human Resources Code, is
amended to read as follows:
Sec. 103.002. SHORT TITLE. This chapter may be cited as the
Adult Day Services [Care] Act.
SECTION 28. Section 103.003(1), Human Resources Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(1) "Adult day services [day-care] facility" means a
facility that provides services under an adult day services
[day-care] program on a daily or regular basis but not overnight to
four or more elderly persons or persons with disabilities who are
not related by blood, marriage, or adoption to the owner of the
facility.
SECTION 29. Section 103.003(2), Human Resources Code, is
amended to read as follows:
(2) "Adult day services [day-care] program" means a
structured, comprehensive program that is designed to meet the
needs of adults with functional impairments through an individual
plan of care by providing health, social, and related support
services in a protective setting.
SECTION 30. Section 103.0041(a), Human Resources Code, is
amended to read as follows:
(a) A person may not operate an adult day services
[day-care] facility without a license issued under this chapter.
SECTION 31. Section 103.006(a), Human Resources Code, is
amended to read as follows:
(a) The department shall issue a license to operate an adult
day services [day-care] facility to a person who has met the
application requirements and received approval after an on-site
inspection.
SECTION 32. Section 103.007(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate an adult day
services [day-care] facility must file an application on a form
prescribed by the department together with a license fee of $50.
SECTION 33. Section 103.0075(a), Human Resources Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a) The executive commissioner by rule shall adopt a
procedure under which a person proposing to construct or modify an
adult day services [day-care] facility may submit building plans to
the department for review for compliance with the department's
architectural requirements before beginning construction or
modification. In adopting the procedure, the executive
commissioner shall set reasonable deadlines by which the department
must complete review of submitted plans.
SECTION 34. Chapter 103, Human Resources Code, is amended
by adding Section 103.0085 to read as follows:
Sec. 103.0085. PROGRESSIVE SANCTIONS. (a) The executive
commissioner by rule shall create a matrix of progressive sanctions
that the department must use to assess penalty amounts and impose
disciplinary actions under this chapter appropriately and fairly
for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law
for which this chapter provides a sanction.
(b) The matrix of progressive sanctions adopted under this
section must provide for increases in amounts of administrative
penalties based on type, frequency, and seriousness of violations
and must provide guidance for determining appropriate and graduated
administrative penalties to assess under this chapter to deter
future violations, including guidance on considering the factors
listed in this chapter for determining the amount of a penalty.
(c) The matrix of progressive sanctions adopted under this
section must provide for imposing stronger sanctions, including
license suspension or revocation, for more serious violations or
for repeated violations as appropriate to deter future serious or
repeated violations. The matrix of progressive sanctions must
describe appropriate time frames to be used in determining whether
an adult day services facility has committed repeated violations or
has engaged in a pattern of repeated violations, such as repeated
violations found in consecutive regular inspections.
SECTION 35. Section 103.0091(a), Human Resources Code, is
amended to read as follows:
(a) The department may petition a district court for a
temporary restraining order to restrain a continuing violation of
the standards or licensing requirements provided under this chapter
if the department finds that the violation creates an immediate
threat to the health and safety of the adult day services facility
[day-care] residents.
SECTION 36. Section 103.0092(a), Human Resources Code, is
amended to read as follows:
(a) If the department finds an adult day services [day-care]
facility operating in violation of the standards prescribed by this
chapter and the violations create an immediate threat to the health
and safety of a resident in the facility, the department shall
suspend the license or order immediate closing of all or part of the
facility.
SECTION 37. Section 103.011, Human Resources Code, is
amended to read as follows:
Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to
other rights an individual attending an adult day services [care]
facility has as a citizen, an individual who is 55 years of age or
older has the rights prescribed by Chapter 102 of this code.
(b) The department shall require each adult day services
[care] facility to implement and enforce the applicable provisions
of Chapter 102 of this code.
SECTION 38. Section 103.012(a), Human Resources Code, is
amended to read as follows:
(a) The department may assess an administrative penalty
against a person who:
(1) violates this chapter, a rule, standard, or order
adopted under this chapter, or a term of a license issued under this
chapter;
(2) makes a false statement of a material fact that the
person knows or should know is false:
(A) on an application for issuance or renewal of
a license or in an attachment to the application; or
(B) with respect to a matter under investigation
by the department;
(3) refuses to allow a representative of the
department to inspect:
(A) a book, record, or file required to be
maintained by an adult day services [day-care] facility; or
(B) any portion of the premises of an adult day
services [day-care] facility;
(4) wilfully interferes with the work of a
representative of the department or the enforcement of this
chapter;
(5) wilfully interferes with a representative of the
department preserving evidence of a violation of this chapter, a
rule, standard, or order adopted under this chapter, or a term of a
license issued under this chapter;
(6) fails to pay a penalty assessed under this chapter
not later than the 30th day after the date the assessment of the
penalty becomes final; or
(7) fails to notify the department of a change of
ownership before the effective date of the change of ownership.
SECTION 39. Section 103.013, Human Resources Code, is
amended to read as follows:
Sec. 103.013. RIGHT TO CORRECT BEFORE IMPOSITION OF
ADMINISTRATIVE PENALTY. (a) The department may not collect an
administrative penalty from an adult day services [day-care]
facility under Section 103.012 if, not later than the 45th day after
the date the facility receives notice under Section 103.014(c), the
facility corrects the violation.
(b) The executive commissioner of the Health and Human
Services Commission by rule shall define types of minor violations
an adult day services facility may correct under Subsection (a)
before assessing an administrative penalty. The executive
commissioner shall ensure that all other violations are not subject
to a right to correct [Subsection (a) does not apply to:
[(1) a violation that the department determines:
[(A) results in serious harm to or death of a
person attending the facility;
[(B) constitutes a serious threat to the health
and safety of a person attending the facility; or
[(C) substantially limits the facility's
capacity to provide care;
[(2) a violation described by Sections
103.012(a)(2)-(7); or
[(3) a violation of Section 103.011].
(c) An adult day services [day-care] facility that corrects
a violation must maintain the correction. If the facility fails to
maintain the correction until at least the first anniversary after
the date the correction was made, the department may assess and
collect an administrative penalty for the subsequent violation. An
administrative penalty assessed under this subsection is equal to
three times the amount of the original penalty assessed but not
collected. The department is not required to provide the facility
with an opportunity under this section to correct the subsequent
violation.
SECTION 40. Sections 103.014(c) and (e), Human Resources
Code, are amended to read as follows:
(c) The department shall give written notice of the report
to the person charged with the violation not later than the 10th day
after the date on which the report is issued. The notice must
include:
(1) a brief summary of the charges;
(2) a statement of the amount of penalty recommended;
(3) a statement of whether the violation is subject to
correction under Section 103.013 and, if the violation is subject
to correction under that section, a statement of:
(A) the date on which the adult day services
[day-care] facility must file a plan of correction with the
department that the department shall review and may approve, if
satisfactory; and
(B) the date on which the plan of correction must
be completed to avoid assessment of the penalty; and
(4) a statement that the person charged has a right to
a hearing on the occurrence of the violation, the amount of the
penalty, or both.
(e) If the violation is subject to correction under Section
103.013, the adult day services [day-care] facility shall submit a
plan of correction to the department for approval not later than the
10th day after the date on which the notice under Subsection (c) is
received.
SECTION 41. Section 161.080, Human Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) The executive commissioner by rule shall establish a
list of services a state supported living center may provide under a
contract described by Subsection (a) and a schedule of fees the
state supported living center may charge for those services. In
establishing the schedule of fees for services, the executive
commissioner shall use the reimbursement rate for the applicable
service under the Medicaid program.
SECTION 42. Chapter 161, Human Resources Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. POWERS AND DUTIES RELATING TO DAY HABILITATION
SERVICES PROVIDERS
Sec. 161.401. DEFINITIONS. In this subchapter:
(1) "Day habilitation services" means services to
assist persons with an intellectual or developmental disability in
acquiring, retaining, and improving the self-help, socialization,
and adaptive skills necessary to reside successfully in the
community, including prevocational and educational services.
(2) "Day habilitation services provider" means a
person who contracts with a community-based intellectual and
developmental disabilities services provider or intermediate care
facility to provide federally funded Medicaid day habilitation
services authorized under Section 1915(c) of the federal Social
Security Act (42 U.S.C. Section 1396n(c)).
Sec. 161.402. DAY HABILITATION SERVICES PROVIDER
INFORMATION TRACKING. (a) Each community-based intellectual and
developmental disabilities services provider and intermediate care
facility shall annually submit to the department a report
providing:
(1) an estimate of the number of clients receiving day
habilitation services for each month of that year;
(2) the physical address of each day habilitation
services provider that provided those services;
(3) the services provided to those clients; and
(4) an estimate of monthly expenditures for the
provision of those services to those clients.
(b) The department shall maintain information obtained
during a department inspection of a day habilitation services
provider concerning conduct or conditions that would constitute a
violation of federal or state law or of department rules applicable
to the community-based intellectual and developmental disabilities
services provider or intermediate care facility with which the day
habilitation services provider contracts.
(c) The department shall maintain information concerning an
investigation of abuse, neglect, or exploitation concerning a day
habilitation services provider that the department receives from
the Department of Family and Protective Services under Section
48.15221.
Sec. 161.403. DAY HABILITATION PROGRAM ADVISORY COMMITTEE.
(a) Not later than September 1, 2015, the department shall
establish a day habilitation program advisory committee composed of
members that represent community-based waiver providers, owners of
day habilitation services providers, and advocates for persons with
an intellectual or developmental disability.
(b) The day habilitation program advisory committee shall
consider and make recommendations concerning whether the provision
of day habilitation services in this state should be redesigned and
whether day habilitation services providers should be subject to
regulation, including by licensure or certification.
(c) In considering the redesign of the provision of day
habilitation services in this state, the day habilitation program
advisory committee shall examine whether day habilitation service
providers currently comply with the requirements of 42 C.F.R.
Section 441.301.
(d) The day habilitation program advisory committee shall
also consider and make recommendations concerning issues relevant
to the provision of day habilitation services, including the
appropriate funding for services, reimbursable settings and
services, staff-to-client ratio requirements, safety requirements,
and other required or applicable standards.
(e) Not later than September 1, 2016, the day habilitation
program advisory committee shall submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the presiding officers of the standing committees of the senate
and house of representatives having primary jurisdiction over
intellectual and developmental disability issues a report
containing the committee's recommendations concerning the redesign
of the provision of day habilitation services in this state and the
necessity for regulation, licensure, or certification of day
habilitation services providers.
(f) The day habilitation program advisory committee is
abolished and this section expires December 31, 2016.
SECTION 43. (a) Subchapter A, Chapter 161, Human Resources
Code, is amended by adding Sections 161.0031 and 161.004 to read as
follows:
Sec. 161.0031. INAPPLICABILITY OF CERTAIN LAW.
Notwithstanding Section 161.003, Section 325.017, Government Code,
does not apply to the department.
Sec. 161.004. MEANING OF CERTAIN REFERENCES IN LAW. (a) A
reference in this chapter or in any other law to the department in
relation to a function transferred under Section 161.012 means the
commission or the division of the commission performing the
function after its transfer.
(b) In this chapter or in any other law and notwithstanding
any other law, a reference to any of the following state agencies or
to the chief executive officer or governing body of any of the
following state agencies in relation to a function transferred to
the commission under Section 161.012 from the department that the
department assumed in accordance with Chapter 198 (H.B. 2292), Acts
of the 78th Legislature, Regular Session, 2003, means the executive
commissioner, the commission, or the division of the commission
performing the function after its transfer to the commission:
(1) the Texas Department on Aging;
(2) the Texas Department of Human Services; and
(3) the Texas Department of Mental Health and Mental
Retardation.
(c) A reference in this chapter or in any other law to the
commissioner in relation to a function transferred under Section
161.012 means the executive commissioner, the executive
commissioner's designee, or the director of the division of the
commission performing the function after its transfer.
(d) A reference in this chapter or in any other law to the
council in relation to a function after its transfer under Section
161.012 means the executive commissioner or the executive
commissioner's designee, as appropriate, and a function previously
performed by the council is a function of that appropriate person.
(b) Chapter 161, Human Resources Code, is amended by adding
Subchapter A-1 to read as follows:
SUBCHAPTER A-1. TRANSFER OF AGING AND DISABILITY SERVICES TO
COMMISSION
Sec. 161.011. DEFINITIONS. In this subchapter:
(1) "Administrative support services" has the meaning
assigned by Section 531.0055(d), Government Code.
(2) "Function" includes a power, duty, program, or
activity of a state agency or entity.
Sec. 161.012. TRANSFER OF AGING AND DISABILITY SERVICES TO
COMMISSION. (a) Not later than September 1, 2016, the following
functions are transferred to the commission as provided by this
subchapter:
(1) appropriate department administrative support
services functions, as determined by the executive commissioner in
consultation with the department;
(2) all department client services functions, as
defined by the executive commissioner by rule; and
(3) all functions of the council.
(b) On or after September 1, 2016, but not later than
September 1, 2017, all functions, including administrative support
services functions, that remained with the department after the
initial transfer of functions under Subsection (a) are transferred
to the commission.
Sec. 161.013. EFFECT OF TRANSFERS. (a) All of the
following that relate to a function that is transferred under
Section 161.012 are transferred to the commission on the date the
related function is transferred to the commission:
(1) all obligations and contracts, including
obligations and contracts related to a grant program;
(2) all property and records in the custody of the
department or council from which the function is transferred;
(3) all funds appropriated by the legislature and
other money;
(4) all complaints, investigations, or contested
cases that are pending before the department or the commissioner,
without change in status; and
(5) all necessary personnel, as determined by the
executive commissioner.
(b) A rule, policy, or form adopted by or on behalf of the
department or council that relates to a function that is
transferred under Section 161.012 becomes a rule, policy, or form
of the commission on transfer of the related function and remains in
effect:
(1) until altered by the executive commissioner or
commission, as appropriate; or
(2) unless it conflicts with a rule, policy, or form of
the commission.
(c) A license, permit, or certification in effect that was
issued by the department that relates to a function that is
transferred under Section 161.012 is continued in effect as a
license, permit, or certification of the commission on transfer of
the related function until the license, permit, or certification
expires, is suspended or revoked, or otherwise becomes invalid.
Sec. 161.014. APPLICABILITY OF FORMER LAW. An action
brought or proceeding commenced before the date of a transfer
prescribed by this subchapter, including a contested case or a
remand of an action or proceeding by a reviewing court, is governed
by the laws and rules applicable to the action or proceeding before
the transfer.
Sec. 161.015. AUTHORITY OF DEPARTMENT. The powers and
authority of the department with respect to a function are not
reduced or otherwise limited until the date the function is
transferred in accordance with this subchapter, notwithstanding
Section 161.003 or any other law.
Sec. 161.016. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2019.
(c) Section 161.003, Human Resources Code, as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
is amended to read as follows:
Sec. 161.003. SUNSET PROVISION. The department is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the department
is abolished [and this chapter expires] September 1, 2015.
(d) As soon as appropriate under Subchapter A-1, Chapter
161, Human Resources Code, as added by this section, and in a manner
that minimizes disruption of services, the Health and Human
Services Commission shall take appropriate action to be designated
as the state agency responsible under federal law for any state or
federal program that is transferred to the commission in accordance
with that subchapter and for which federal law requires the
designation of a responsible state agency.
(e) Effective September 1, 2016, the following provisions
of the Human Resources Code, including provisions amended by S.B.
No. 219, Acts of the 84th Legislature, Regular Session, 2015, are
repealed:
(1) Section 161.021;
(2) Section 161.022;
(3) Section 161.023;
(4) Section 161.024;
(5) Section 161.025;
(6) Section 161.026;
(7) Section 161.027;
(8) Section 161.028;
(9) Section 161.029; and
(10) Section 161.030.
(f) Effective September 1, 2017, the following provisions
of the Human Resources Code, including provisions added or amended
by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
2015, are repealed:
(1) Section 161.002;
(2) Section 161.032;
(3) Section 161.051;
(4) Section 161.052;
(5) Section 161.053;
(6) Section 161.054;
(7) Section 161.055;
(8) Section 161.056;
(9) Section 161.0711;
(10) Section 161.0712; and
(11) Section 161.072.
(g) Notwithstanding Subsections (e) and (f) of this
section, the implementation of a provision repealed by one of those
subsections ceases on the date all functions of the Department of
Aging and Disability Services or the Aging and Disability Services
Council are transferred to the Health and Human Services Commission
as provided by Subchapter A-1, Chapter 161, Human Resources Code,
as added by this section, to the extent the department or council is
responsible for the provision's implementation.
(h) This section takes effect only if the Department of
Aging and Disability Services is not continued in existence by any
legislation of the 84th Legislature, Regular Session, 2015.
(i) Subject to Subsection (h) of this section, this section
takes effect September 1, 2015.
SECTION 44. The following laws are repealed:
(1) Section 247.051(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015; and
(2) Section 101A.158, Human Resources Code, as added
by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
2015.
SECTION 45. (a) Not later than September 1, 2016, the
executive commissioner of the Health and Human Services Commission
shall adopt by rule the matrices of progressive sanctions required
by Sections 142.0125, 242.0613, 247.0415, and 252.0615, Health and
Safety Code, and Section 103.0085, Human Resources Code, as added
by this Act. Before the executive commissioner of the Health and
Human Services Commission publishes a notice of a proposed rule
under this subsection, the executive commissioner shall solicit
input from stakeholders concerning the development of those rules.
(b) Not later than September 1, 2015, the governor shall
appoint five members of the state supported living center
restructuring commission, as required by Section 555.201, Health
and Safety Code, as added by this Act.
(c) Not later than September 1, 2016, the executive
commissioner of the Health and Human Services Commission shall
adopt the rule listing services a state supported living center may
provide under a contract and the schedule of fees for those services
as required by Section 161.080, Human Resources Code, as amended by
this Act.
SECTION 46. (a) As soon as possible after the effective
date of this Act, the Department of Aging and Disability Services or
the Health and Human Services Commission, as appropriate, shall
apply for any waiver or other authorization from a federal agency
that is necessary to implement this Act. The department and
commission may delay implementing this Act until the waiver or
authorization is granted.
(b) As soon as practicable after the effective date of this
Act:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
Section 531.058(a-1), Government Code, as added by this Act; and
(2) the Department of Aging and Disability Services
and the Health and Human Services Commission shall, as appropriate,
revise or enter into a memorandum of understanding as required by a
federal agency that is necessary to implement Section 531.058(a-1),
Government Code, as added by this Act.
SECTION 47. Sections 242.061(a-2) and (a-3), Health and
Safety Code, as added by this Act, apply only to a violation
committed on or after September 1, 2016. A violation committed
before September 1, 2016, is governed by the law in effect on the
date the violation was committed, and the former law is continued in
effect for that purpose. For purposes of this section, a violation
was committed before September 1, 2016, if any element of the
violation occurred before that date.
SECTION 48. (a) Except as otherwise provided by this Act,
including Subsection (b) of this section, 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, 2015.
(b) Sections 242.061(a-2) and (a-3), Health and Safety
Code, as added by this Act, take effect September 1, 2016.