Texas 2009 - 81st Regular

Texas House Bill HB2971 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R26682 ALB-D
2	2	By: Coleman H.B. No. 2971
3	3	Substitute the following for H.B. No. 2971:
4	4	By: Rose C.S.H.B. No. 2971
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to licensing of assisted living facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 247.021, Health and Safety Code, is
12	12	amended by amending Subsections (d), (g), and (h) and adding
13	13	Subsections (d-1), (d-2), (d-3), and (d-4) to read as follows:
14	14	(d) The department by rule shall establish procedures to
15	15	issue a six-month provisional license to existing facilities with
16	16	residents. The department may issue a provisional license [only]
17	17	if:
18	18	(1) the facility is in compliance with resident care
19	19	standards;
20	20	(2) the facility voluntarily discloses that the
21	21	facility needs additional time to comply with life safety code and
22	22	physical plant standards;
23	23	(3) the disclosure is made in writing by certified
24	24	mail to the department;
25	25	(4) an investigation of the violation was not
26	26	initiated and the violation was not independently detected by the
27	27	department; and
28	28	(5) the disclosure is made promptly after knowledge of
29	29	the information disclosed is obtained by the facility.
30	30	(d-1) A provisional license is effective on the date
31	31	requested by the applicant.
32	32	(d-2) A provisional license expires the earlier of:
33	33	(1) the 180th day after the effective date of the
34	34	provisional license or the end of any extension period granted by
35	35	the department, in the department's sole discretion; or
36	36	(2) the date a license is issued to the provisional
37	37	license holder under Subsection (d-4).
38	38	(d-3) The department shall conduct a life safety code
39	39	inspection of the facility as soon as reasonably possible after the
40	40	department issues a provisional license.
41	41	(d-4) After conducting a life safety code inspection, the
42	42	department shall issue a license under Section 247.023 to the
43	43	provisional license holder if the facility passes the inspection
44	44	and the applicant meets all requirements for a license. A license
45	45	issued under this subsection has the same effective date as the
46	46	provisional license.
47	47	(g) The [Notwithstanding Subsection (f), the] department
48	48	shall, upon submission of a written request by the applicant, [may]
49	49	automatically issue a provisional license to a newly constructed
50	50	facility if:
51	51	(1) the facility is in compliance with resident care
52	52	standards;
53	53	(2) all local approvals have been obtained;
54	54	(3) a complete license application is submitted within
55	55	30 days of receipt of all local approvals; [and]
56	56	(4) the license fee has been paid;
57	57	(5) before beginning construction, the license
58	58	applicant submits working drawings and specifications to the
59	59	department for review; and
60	60	(6) the department determines that the license
61	61	applicant constructed another facility in this state that complies
62	62	with the department's life safety code standards.
63	63	(h) The [Notwithstanding Subsection (f), the] department
64	64	may automatically issue a provisional license in the case of a
65	65	corporate change of ownership of a facility.
66	66	SECTION 2. Subchapter B, Chapter 247, Health and Safety
67	67	Code, is amended by adding Section 247.0211 to read as follows:
68	68	Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTION. (a)
69	69	The executive commissioner of the Health and Human Services
70	70	Commission shall adopt rules to implement an expedited inspection
71	71	process that allows an applicant for an assisted living facility
72	72	license or for a renewal of a license to obtain a life safety code
73	73	and physical plant inspection not later than the 15th day after the
74	74	date the request is made.
75	75	(b) The department may charge a fee to recover the cost of
76	76	the expedited inspection.
77	77	SECTION 3. Section 247.022, Health and Safety Code, is
78	78	amended by adding Subsection (b-1) to read as follows:
79	79	(b-1) If the department conducts at least three life safety
80	80	code inspections at the applicant's facility, the department may
81	81	collect a fee in addition to the fee under Subsection (b) for the
82	82	application for the license.
83	83	SECTION 4. Section 247.032(a), Health and Safety Code, is
84	84	amended to read as follows:
85	85	(a) In this section, "accreditation commission" means the
86	86	Commission on Accreditation of Rehabilitation Facilities, [or] the
87	87	Joint Commission on Accreditation of Healthcare Organizations, or
88	88	another organization approved by the executive commissioner of the
89	89	Health and Human Services Commission.
90	90	SECTION 5. Sections 247.021(e) and (f), Health and Safety
91	91	Code, are repealed.
92	92	SECTION 6. Not later than January 1, 2010, the executive
93	93	commissioner of the Health and Human Services Commission shall
94	94	adopt rules to implement the expedited inspection process as
95	95	required by Section 247.0211, Health and Safety Code, as added by
96	96	this Act.
97	97	SECTION 7. This Act takes effect September 1, 2009.