| 1 | 1 | | By: West S.B. No. 1124 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to authorization for the Department of Aging and |
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| 7 | 7 | | Disability Services to conduct a desk review instead of an |
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| 8 | 8 | | inspection when issuing a license after a change in ownership of |
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| 9 | 9 | | certain facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 142.009, Health and Safety Code, is |
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| 12 | 12 | | amended by amending Subsection (j) and adding Subsection (j-1) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (j) Except as provided by Subsections (j-1), (h), and (l), |
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| 15 | 15 | | an on-site survey must be conducted within 18 months after a survey |
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| 16 | 16 | | for an initial license. After that time, an on-site survey must be |
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| 17 | 17 | | conducted at least every 36 months. |
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| 18 | 18 | | (j-1) The department, in accordance with department rules, |
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| 19 | 19 | | may conduct a desk review instead of the initial survey required by |
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| 20 | 20 | | Subsection (j) if the license application is submitted due to a |
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| 21 | 21 | | change in ownership of an agency under this chapter. The executive |
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| 22 | 22 | | commissioner of the Health and Human Services Commission by rule |
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| 23 | 23 | | shall develop criteria for determining when the department may |
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| 24 | 24 | | conduct a desk review instead of an on-site survey. |
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| 25 | 25 | | SECTION 2. Section 247.023, Health and Safety Code, is |
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| 26 | 26 | | amended by adding Subsection (a-1) to read as follows: |
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| 27 | 27 | | (a-1) The department, in accordance with department rules, |
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| 28 | 28 | | may conduct a desk review instead of the inspection and |
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| 29 | 29 | | investigation required by Subsection (a) if the license application |
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| 30 | 30 | | is submitted due to a change in ownership of a facility under this |
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| 31 | 31 | | chapter. The executive commissioner of the Health and Human |
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| 32 | 32 | | Services Commission by rule shall develop criteria for determining |
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| 33 | 33 | | when the department may conduct a desk review instead of an |
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| 34 | 34 | | inspection and investigation. |
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| 35 | 35 | | SECTION 3. Section 252.033, Health and Safety Code, is |
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| 36 | 36 | | amended by adding Subsection (a-1) to read as follows: |
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| 37 | 37 | | (a-1) The department, in accordance with department rules, |
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| 38 | 38 | | may conduct a desk review instead of the on-site inspection and |
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| 39 | 39 | | investigation under Subsection (a) if the license application is |
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| 40 | 40 | | submitted due to a change in ownership of a facility under this |
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| 41 | 41 | | chapter. The executive commissioner of the Health and Human |
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| 42 | 42 | | Services Commission by rule shall develop criteria for determining |
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| 43 | 43 | | when the department may conduct a desk review instead of an on-site |
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| 44 | 44 | | inspection and investigation. |
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| 45 | 45 | | SECTION 4. Section 103.006, Human Resources Code, is |
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| 46 | 46 | | amended by adding Subsection (a-1) to read as follows: |
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| 47 | 47 | | (a-1) The department, in accordance with department rules, |
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| 48 | 48 | | may conduct a desk review instead of the on-site inspection under |
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| 49 | 49 | | Subsection (a) if the license application is submitted due to a |
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| 50 | 50 | | change in ownership of the facility under this chapter. The |
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| 51 | 51 | | executive commissioner of the Health and Human Services Commission |
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| 52 | 52 | | by rule shall develop criteria for determining when the department |
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| 53 | 53 | | may conduct a desk review instead of an on-site inspection. |
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| 54 | 54 | | SECTION 5. (a) Not later than April 1, 2010, the executive |
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| 55 | 55 | | commissioner of the Health and Human Services Commission shall |
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| 56 | 56 | | adopt the rules required under Subsection (j-1), Section 142.009, |
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| 57 | 57 | | Subsection (a-1), Section 247.023, and Subsection (a-1), Section |
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| 58 | 58 | | 252.033, Health and Safety Code, and Subsection (a-1), Section |
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| 59 | 59 | | 103.006, Human Resources Code, as added by this Act. |
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| 60 | 60 | | (b) Notwithstanding Subsection (j-1), Section 142.009, |
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| 61 | 61 | | Subsection (a-1), Section 247.023, and Subsection (a-1), Section |
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| 62 | 62 | | 252.033, Health and Safety Code, as added by this Act, and |
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| 63 | 63 | | Subsection (a-1), Section 103.006, Human Resources Code, as added |
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| 64 | 64 | | by this Act, the Department of Aging and Disability Services may not |
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| 65 | 65 | | conduct a desk review instead of a survey, inspection, or |
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| 66 | 66 | | investigation for a license application submitted due to a change |
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| 67 | 67 | | in ownership of an agency or facility under those sections until May |
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| 68 | 68 | | 1, 2010. |
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| 69 | 69 | | SECTION 6. This Act takes effect September 1, 2009. |
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