81R26682 ALB-D
By: Coleman H.B. No. 2971
Substitute the following for H.B. No. 2971:
By: Rose C.S.H.B. No. 2971
A BILL TO BE ENTITLED
AN ACT
relating to licensing of assisted living facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.021, Health and Safety Code, is
amended by amending Subsections (d), (g), and (h) and adding
Subsections (d-1), (d-2), (d-3), and (d-4) to read as follows:
(d) The department by rule shall establish procedures to
issue a six-month provisional license to existing facilities with
residents. The department may issue a provisional license [only]
if:
(1) the facility is in compliance with resident care
standards;
(2) the facility voluntarily discloses that the
facility needs additional time to comply with life safety code and
physical plant standards;
(3) the disclosure is made in writing by certified
mail to the department;
(4) an investigation of the violation was not
initiated and the violation was not independently detected by the
department; and
(5) the disclosure is made promptly after knowledge of
the information disclosed is obtained by the facility.
(d-1) A provisional license is effective on the date
requested by the applicant.
(d-2) A provisional license expires the earlier of:
(1) the 180th day after the effective date of the
provisional license or the end of any extension period granted by
the department, in the department's sole discretion; or
(2) the date a license is issued to the provisional
license holder under Subsection (d-4).
(d-3) The department shall conduct a life safety code
inspection of the facility as soon as reasonably possible after the
department issues a provisional license.
(d-4) After conducting a life safety code inspection, the
department shall issue a license under Section 247.023 to the
provisional license holder if the facility passes the inspection
and the applicant meets all requirements for a license. A license
issued under this subsection has the same effective date as the
provisional license.
(g) The [Notwithstanding Subsection (f), the] department
shall, upon submission of a written request by the applicant, [may]
automatically issue a provisional license to a newly constructed
facility if:
(1) the facility is in compliance with resident care
standards;
(2) all local approvals have been obtained;
(3) a complete license application is submitted within
30 days of receipt of all local approvals; [and]
(4) the license fee has been paid;
(5) before beginning construction, the license
applicant submits working drawings and specifications to the
department for review; and
(6) the department determines that the license
applicant constructed another facility in this state that complies
with the department's life safety code standards.
(h) The [Notwithstanding Subsection (f), the] department
may automatically issue a provisional license in the case of a
corporate change of ownership of a facility.
SECTION 2. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0211 to read as follows:
Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTION. (a)
The executive commissioner of the Health and Human Services
Commission shall adopt rules to implement an expedited inspection
process that allows an applicant for an assisted living facility
license or for a renewal of a license to obtain a life safety code
and physical plant inspection not later than the 15th day after the
date the request is made.
(b) The department may charge a fee to recover the cost of
the expedited inspection.
SECTION 3. Section 247.022, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) If the department conducts at least three life safety
code inspections at the applicant's facility, the department may
collect a fee in addition to the fee under Subsection (b) for the
application for the license.
SECTION 4. Section 247.032(a), Health and Safety Code, is
amended to read as follows:
(a) In this section, "accreditation commission" means the
Commission on Accreditation of Rehabilitation Facilities, [or] the
Joint Commission on Accreditation of Healthcare Organizations, or
another organization approved by the executive commissioner of the
Health and Human Services Commission.
SECTION 5. Sections 247.021(e) and (f), Health and Safety
Code, are repealed.
SECTION 6. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt rules to implement the expedited inspection process as
required by Section 247.0211, Health and Safety Code, as added by
this Act.
SECTION 7. This Act takes effect September 1, 2009.