H.B. No. 2972
AN ACT
relating to licensing of certain health facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.0021, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding any other provision of this section,
for purposes of this chapter, a controlling person of an
institution or of a management company or other business entity
described by Subsection (b)(1) that is a publicly traded
corporation or is controlled by a publicly traded corporation means
an officer or director of the corporation. The term does not
include a shareholder or lender of the publicly traded corporation.
SECTION 2. Section 242.039, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) The executive commissioner of the Health and Human
Services Commission shall adopt rules to implement an expedited
inspection process that allows an applicant for a 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. The department may charge a fee to recover the cost of the
expedited inspection. The rules must permit the department to set
different fee amounts based on the size and type of institution.
SECTION 3. Section 247.005, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding any other provision of this section,
for purposes of this chapter, a controlling person of an assisted
living facility or of a management company or other business entity
described by Subsection (b)(1) that is a publicly traded
corporation or is controlled by a publicly traded corporation means
an officer or director of the corporation. The term does not
include a shareholder or lender of the publicly traded corporation.
SECTION 4. Section 247.021, Health and Safety Code, is
amended by amending Subsections (d), (g), and (h) and adding
Subsections (d-1), (d-2), and (d-3) 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 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-3).
(d-2) 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-3) 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 5. 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 6. Section 247.022, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) If the department conducts more than two 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 7. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0262 to read as follows:
Sec. 247.0262. REPORT ON LIFE SAFETY CODE SURVEYS. (a) The
department shall annually report the number of life safety code
surveys for an initial assisted living facility license with
respect to which the department first visits the facility to
conduct the survey more than 60 days after the date the applicant
notifies the department that the applicant is ready for the initial
survey.
(b) The department may report other data related to the
timeliness of life safety code surveys or the processing time of
license applications.
(c) The department may include the information described by
Subsections (a) and (b) in any required annual regulatory report.
SECTION 8. 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 9. Sections 247.021(e) and (f), Health and Safety
Code, are repealed.
SECTION 10. Not later than June 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt rules to implement the expedited inspection processes as
required by Sections 242.039(g) and 247.0211, Health and Safety
Code, as added by this Act.
SECTION 11. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2972 was passed by the House on May 4,
2009, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2972 on May 23, 2009, by the following vote: Yeas 144, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2972 was passed by the Senate, with
amendments, on May 19, 2009, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor