81R1988 YDB-D
By: Kolkhorst H.B. No. 2380
A BILL TO BE ENTITLED
AN ACT
relating to adverse licensing, listing, or registration decisions
by certain health and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. ADVERSE LICENSING, LISTING, OR REGISTRATION
DECISIONS
Sec. 531.701. APPLICABILITY. This subchapter applies only
to the licensing, listing, or registration decisions of a health
and human services agency under the law authorizing the agency to
regulate the following:
(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-care facility licensed under Chapter
103, Human Resources Code.
Sec. 531.702. RECORD OF DECISION. (a) Each health and
human services agency that regulates a person described by Section
531.701 shall in accordance with this section and executive
commissioner rule maintain a record of:
(1) each application for an initial or renewal
license, listing, or registration that is denied by the agency
under the law authorizing the agency to regulate the person; and
(2) each license, listing, or registration that is
revoked, suspended, or terminated by the agency under the
applicable law.
(b) The record of an application required by Subsection
(a)(1) must be maintained until the 10th anniversary of the date the
application is denied. The record of the license, listing, or
registration required by Subsection (a)(2) must be maintained until
the 10th anniversary of the date of the revocation, suspension, or
termination.
(c) The record required under Subsection (a) must include:
(1) the name and address of the applicant applying for
an initial or renewal license, listing, or registration under the
applicable law;
(2) the name and address of each person listed in the
application;
(3) the name of each person against whom the denial,
revocation, suspension, or termination is effective and of each
person responsible for compliance with the agency's rules and
policies for the applicant, including:
(A) members of the board and management personnel
of the applicant;
(B) the owner, operator, and officers of the
applicant;
(C) the individuals supervising employees who
have direct care or contact with individuals in the care of the
applicant; and
(D) any health and human services facility owned
or operated by a person described by Paragraphs (A) through (C);
(4) the specific type of license, listing, or
registration that was denied, revoked, suspended, or terminated by
the agency;
(5) a summary of the terms of the denial, revocation,
suspension, or termination; and
(6) the period the denial, revocation, suspension, or
termination was effective.
(d) Each health and human services agency that regulates a
person described by Section 531.701 each month shall provide a copy
of the records maintained under this section to each other health
and human services agency that regulates a person described by
Section 531.701.
Sec. 531.703. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY
DECISION. A health and human services agency that regulates a
person described by Section 531.701 may deny an applicant's initial
or renewal application for a license, listing, or registration
included in that section if:
(1) another health and human services agency
previously:
(A) revoked, suspended, or terminated the
license, listing, or registration of a person who:
(i) is listed on the application or is or
will be serving in a position described by Section 531.702(c)(3)
for the applicant; and
(ii) is included in a record maintained
under Section 531.702; or
(B) denied an initial or renewal application for
a person who:
(i) is listed on the application or is or
will be serving in a position described by Section 531.702(c)(3)
for the applicant; and
(ii) is included in a record maintained
under Section 531.702; and
(2) the agency's action under Subdivision (1) was
based on:
(A) an act or omission that resulted in physical
or mental harm to an individual in the care of the applicant or
person;
(B) a threat to the health, safety, or well-being
of an individual in the care of the applicant or person;
(C) the physical, mental, or financial
exploitation of an individual in the care of the applicant or
person; or
(D) a determination by the agency that the
applicant or person has committed an act or omission that renders
the applicant unqualified or unfit to fulfill the obligations of
the license, listing, or registration.
Sec. 531.704. REQUIRED APPLICATION INFORMATION. An
applicant submitting an initial or renewal application for a
license, listing, or registration described under Section 531.701
must include with the application a written statement of:
(1) the name of any person who is or will be serving in
a position described by Section 531.702(c)(3) for the applicant and
who is included in a record maintained by a health and human
services agency under Section 531.702; and
(2) any other relevant information required by
executive commissioner rule.
SECTION 2. (a) Not later than December 1, 2009, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules necessary to implement Subchapter R, Chapter
531, Government Code, as added by this Act.
(b) Notwithstanding Section 531.702, Government Code, as
added by this Act, a health and human services agency is not
required to maintain the records as required under that section
until January 1, 2010.
SECTION 3. This Act takes effect September 1, 2009.