LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 19, 2009 TO: Honorable Patrick M. Rose, Chair, House Committee on Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB806 by Nelson (Relating to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code as it relates to the imposition of a disciplinary action on a licensed nursing facility administrator and provides a penalty. SECTION 2 and 4 of the bill add provisions to revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation in continuing education, or place an administrator on probation, if the license holder has been convicted in a court of competent jurisdiction of an offense listed in Section 250.006 of the Health and Safety Code (Convictions Barring Employment). SECTION 3 of the bill would allow a penalty to be imposed, rather than requiring the Department of Aging and Disability Services (DADS) to set a hearing, if a person fails to timely respond to the notice. SECTION 5 of the bill would allow DADS to impose a penalty if a person fails to timely respond to the notice. The bill would apply only to a disciplinary action imposed on or after the effective date of the bill. A disciplinary action imposed before that date would be governed by the law in effect at the time the action was initiated. The bill would take effect immediately if it received a vote of two-thirds of all the members elected to each house. If the bill does not receive the vote necessary for immediate effect, the bill would take effect September 1, 2009. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:539 Aging and Disability Services, Department of LBB Staff: JOB, CL, SJ, LR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 19, 2009
TO: Honorable Patrick M. Rose, Chair, House Committee on Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB806 by Nelson (Relating to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.), As Engrossed
TO: Honorable Patrick M. Rose, Chair, House Committee on Human Services
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB806 by Nelson (Relating to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.), As Engrossed
Honorable Patrick M. Rose, Chair, House Committee on Human Services
Honorable Patrick M. Rose, Chair, House Committee on Human Services
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB806 by Nelson (Relating to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.), As Engrossed
SB806 by Nelson (Relating to the imposition of a disciplinary action on a licensed nursing facility administrator; providing a penalty.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code as it relates to the imposition of a disciplinary action on a licensed nursing facility administrator and provides a penalty. SECTION 2 and 4 of the bill add provisions to revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation in continuing education, or place an administrator on probation, if the license holder has been convicted in a court of competent jurisdiction of an offense listed in Section 250.006 of the Health and Safety Code (Convictions Barring Employment). SECTION 3 of the bill would allow a penalty to be imposed, rather than requiring the Department of Aging and Disability Services (DADS) to set a hearing, if a person fails to timely respond to the notice. SECTION 5 of the bill would allow DADS to impose a penalty if a person fails to timely respond to the notice. The bill would apply only to a disciplinary action imposed on or after the effective date of the bill. A disciplinary action imposed before that date would be governed by the law in effect at the time the action was initiated. The bill would take effect immediately if it received a vote of two-thirds of all the members elected to each house. If the bill does not receive the vote necessary for immediate effect, the bill would take effect September 1, 2009.
The bill would amend the Health and Safety Code as it relates to the imposition of a disciplinary action on a licensed nursing facility administrator and provides a penalty.
SECTION 2 and 4 of the bill add provisions to revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation in continuing education, or place an administrator on probation, if the license holder has been convicted in a court of competent jurisdiction of an offense listed in Section 250.006 of the Health and Safety Code (Convictions Barring Employment).
SECTION 3 of the bill would allow a penalty to be imposed, rather than requiring the Department of Aging and Disability Services (DADS) to set a hearing, if a person fails to timely respond to the notice.
SECTION 5 of the bill would allow DADS to impose a penalty if a person fails to timely respond to the notice.
The bill would apply only to a disciplinary action imposed on or after the effective date of the bill. A disciplinary action imposed before that date would be governed by the law in effect at the time the action was initiated.
The bill would take effect immediately if it received a vote of two-thirds of all the members elected to each house. If the bill does not receive the vote necessary for immediate effect, the bill would take effect September 1, 2009.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 539 Aging and Disability Services, Department of
539 Aging and Disability Services, Department of
LBB Staff: JOB, CL, SJ, LR
JOB, CL, SJ, LR