Texas 2009 - 81st Regular

Texas House Bill HB2380 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1988 YDB-D
2	2	By: Kolkhorst H.B. No. 2380
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to adverse licensing, listing, or registration decisions
8	8	by certain health and human services agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 531, Government Code, is amended by
11	11	adding Subchapter R to read as follows:
12	12	SUBCHAPTER R. ADVERSE LICENSING, LISTING, OR REGISTRATION
13	13	DECISIONS
14	14	Sec. 531.701. APPLICABILITY. This subchapter applies only
15	15	to the licensing, listing, or registration decisions of a health
16	16	and human services agency under the law authorizing the agency to
17	17	regulate the following:
18	18	(1) a youth camp licensed under Chapter 141, Health
19	19	and Safety Code;
20	20	(2) a home and community support services agency
21	21	licensed under Chapter 142, Health and Safety Code;
22	22	(3) a hospital licensed under Chapter 241, Health and
23	23	Safety Code;
24	24	(4) an institution licensed under Chapter 242, Health
25	25	and Safety Code;
26	26	(5) an assisted living facility licensed under Chapter
27	27	247, Health and Safety Code;
28	28	(6) a special care facility licensed under Chapter
29	29	248, Health and Safety Code;
30	30	(7) an intermediate care facility licensed under
31	31	Chapter 252, Health and Safety Code;
32	32	(8) a chemical dependency treatment facility licensed
33	33	under Chapter 464, Health and Safety Code;
34	34	(9) a mental hospital or mental health facility
35	35	licensed under Chapter 577, Health and Safety Code;
36	36	(10) a child-care facility or child-placing agency
37	37	licensed under or a family home listed or registered under Chapter
38	38	42, Human Resources Code; or
39	39	(11) an adult day-care facility licensed under Chapter
40	40	103, Human Resources Code.
41	41	Sec. 531.702. RECORD OF DECISION. (a) Each health and
42	42	human services agency that regulates a person described by Section
43	43	531.701 shall in accordance with this section and executive
44	44	commissioner rule maintain a record of:
45	45	(1) each application for an initial or renewal
46	46	license, listing, or registration that is denied by the agency
47	47	under the law authorizing the agency to regulate the person; and
48	48	(2) each license, listing, or registration that is
49	49	revoked, suspended, or terminated by the agency under the
50	50	applicable law.
51	51	(b) The record of an application required by Subsection
52	52	(a)(1) must be maintained until the 10th anniversary of the date the
53	53	application is denied. The record of the license, listing, or
54	54	registration required by Subsection (a)(2) must be maintained until
55	55	the 10th anniversary of the date of the revocation, suspension, or
56	56	termination.
57	57	(c) The record required under Subsection (a) must include:
58	58	(1) the name and address of the applicant applying for
59	59	an initial or renewal license, listing, or registration under the
60	60	applicable law;
61	61	(2) the name and address of each person listed in the
62	62	application;
63	63	(3) the name of each person against whom the denial,
64	64	revocation, suspension, or termination is effective and of each
65	65	person responsible for compliance with the agency's rules and
66	66	policies for the applicant, including:
67	67	(A) members of the board and management personnel
68	68	of the applicant;
69	69	(B) the owner, operator, and officers of the
70	70	applicant;
71	71	(C) the individuals supervising employees who
72	72	have direct care or contact with individuals in the care of the
73	73	applicant; and
74	74	(D) any health and human services facility owned
75	75	or operated by a person described by Paragraphs (A) through (C);
76	76	(4) the specific type of license, listing, or
77	77	registration that was denied, revoked, suspended, or terminated by
78	78	the agency;
79	79	(5) a summary of the terms of the denial, revocation,
80	80	suspension, or termination; and
81	81	(6) the period the denial, revocation, suspension, or
82	82	termination was effective.
83	83	(d) Each health and human services agency that regulates a
84	84	person described by Section 531.701 each month shall provide a copy
85	85	of the records maintained under this section to each other health
86	86	and human services agency that regulates a person described by
87	87	Section 531.701.
88	88	Sec. 531.703. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY
89	89	DECISION. A health and human services agency that regulates a
90	90	person described by Section 531.701 may deny an applicant's initial
91	91	or renewal application for a license, listing, or registration
92	92	included in that section if:
93	93	(1) another health and human services agency
94	94	previously:
95	95	(A) revoked, suspended, or terminated the
96	96	license, listing, or registration of a person who:
97	97	(i) is listed on the application or is or
98	98	will be serving in a position described by Section 531.702(c)(3)
99	99	for the applicant; and
100	100	(ii) is included in a record maintained
101	101	under Section 531.702; or
102	102	(B) denied an initial or renewal application for
103	103	a person who:
104	104	(i) is listed on the application or is or
105	105	will be serving in a position described by Section 531.702(c)(3)
106	106	for the applicant; and
107	107	(ii) is included in a record maintained
108	108	under Section 531.702; and
109	109	(2) the agency's action under Subdivision (1) was
110	110	based on:
111	111	(A) an act or omission that resulted in physical
112	112	or mental harm to an individual in the care of the applicant or
113	113	person;
114	114	(B) a threat to the health, safety, or well-being
115	115	of an individual in the care of the applicant or person;
116	116	(C) the physical, mental, or financial
117	117	exploitation of an individual in the care of the applicant or
118	118	person; or
119	119	(D) a determination by the agency that the
120	120	applicant or person has committed an act or omission that renders
121	121	the applicant unqualified or unfit to fulfill the obligations of
122	122	the license, listing, or registration.
123	123	Sec. 531.704. REQUIRED APPLICATION INFORMATION. An
124	124	applicant submitting an initial or renewal application for a
125	125	license, listing, or registration described under Section 531.701
126	126	must include with the application a written statement of:
127	127	(1) the name of any person who is or will be serving in
128	128	a position described by Section 531.702(c)(3) for the applicant and
129	129	who is included in a record maintained by a health and human
130	130	services agency under Section 531.702; and
131	131	(2) any other relevant information required by
132	132	executive commissioner rule.
133	133	SECTION 2. (a) Not later than December 1, 2009, the
134	134	executive commissioner of the Health and Human Services Commission
135	135	shall adopt the rules necessary to implement Subchapter R, Chapter
136	136	531, Government Code, as added by this Act.
137	137	(b) Notwithstanding Section 531.702, Government Code, as
138	138	added by this Act, a health and human services agency is not
139	139	required to maintain the records as required under that section
140	140	until January 1, 2010.
141	141	SECTION 3. This Act takes effect September 1, 2009.