Texas 2009 - 81st Regular

Texas Senate Bill SB87 Compare Versions

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1	1	By: Nelson S.B. No. 87
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to adverse licensing, listing, or registration decisions
7	7	by certain health and human services agencies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 531, Government Code, is amended by
10	10	adding Subchapter R to read as follows:
11	11	SUBCHAPTER R. ADVERSE LICENSING, LISTING, OR REGISTRATION
12	12	DECISIONS
13	13	Sec. 531.701. APPLICABILITY. This subchapter applies only
14	14	to the licensing, listing, or registration decisions of a health
15	15	and human services agency under the law authorizing the agency to
16	16	regulate the following:
17	17	(1) a youth camp licensed under Chapter 141, Health
18	18	and Safety Code;
19	19	(2) a home and community support services agency
20	20	licensed under Chapter 142, Health and Safety Code;
21	21	(3) a hospital licensed under Chapter 241, Health and
22	22	Safety Code;
23	23	(4) an institution licensed under Chapter 242, Health
24	24	and Safety Code;
25	25	(5) an assisted living facility licensed under Chapter
26	26	247, Health and Safety Code;
27	27	(6) a special care facility licensed under Chapter
28	28	248, Health and Safety Code;
29	29	(7) an intermediate care facility licensed under
30	30	Chapter 252, Health and Safety Code;
31	31	(8) a chemical dependency treatment facility licensed
32	32	under Chapter 464, Health and Safety Code;
33	33	(9) a mental hospital or mental health facility
34	34	licensed under Chapter 577, Health and Safety Code;
35	35	(10) a child-care facility or child-placing agency
36	36	licensed under or a family home listed or registered under Chapter
37	37	42, Human Resources Code; or
38	38	(11) an adult day-care facility licensed under Chapter
39	39	103, Human Resources Code.
40	40	Sec. 531.702. RECORD OF DECISION. (a) Each health and
41	41	human services agency that regulates a person described by Section
42	42	531.701 shall in accordance with this section and executive
43	43	commissioner rule maintain a record of:
44	44	(1) each application for an initial or renewal
45	45	license, listing, or registration that is denied by the agency
46	46	under the law authorizing the agency to regulate the person; and
47	47	(2) each license, listing, or registration that is
48	48	revoked, suspended, or terminated by the agency under the
49	49	applicable law.
50	50	(b) The record of an application required by Subsection
51	51	(a)(1) must be maintained until the 10th anniversary of the date the
52	52	application is denied. The record of the license, listing, or
53	53	registration required by Subsection (a)(2) must be maintained until
54	54	the 10th anniversary of the date of the revocation, suspension, or
55	55	termination.
56	56	(c) The record required under Subsection (a) must include:
57	57	(1) the name and address of the applicant applying for
58	58	an initial or renewal license, listing, or registration under the
59	59	applicable law;
60	60	(2) the name and address of each person listed in the
61	61	application;
62	62	(3) the name of each person against whom the denial,
63	63	revocation, suspension, or termination is effective and of each
64	64	person responsible for compliance with the agency's rules and
65	65	policies for the applicant, which may include:
66	66	(A) members of the board and management personnel
67	67	of the applicant;
68	68	(B) the owner, operator, and officers of the
69	69	applicant;
70	70	(C) the individuals supervising employees who
71	71	have direct care or contact with individuals in the care of the
72	72	applicant; and
73	73	(D) any health and human services facility owned
74	74	or operated by a person described by Paragraphs (A) through (C);
75	75	(4) the specific type of license, listing, or
76	76	registration that was denied, revoked, suspended, or terminated by
77	77	the agency;
78	78	(5) a summary of the terms of the denial, revocation,
79	79	suspension, or termination; and
80	80	(6) the period the denial, revocation, suspension, or
81	81	termination was effective.
82	82	(d) Each health and human services agency that regulates a
83	83	person described by Section 531.701 each month shall provide a copy
84	84	of the records maintained under this section to each other health
85	85	and human services agency that regulates a person described by
86	86	Section 531.701.
87	87	Sec. 531.703. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY
88	88	DECISION. A health and human services agency that regulates a
89	89	person described by Section 531.701 may deny an applicant's initial
90	90	or renewal application for a license, listing, or registration
91	91	included in that section if:
92	92	(1) another health and human services agency
93	93	previously:
94	94	(A) revoked, suspended, or terminated the
95	95	license, listing, or registration of a person who:
96	96	(i) is listed on the application or is or
97	97	will be serving in a position described by Section 531.702(c)(3)
98	98	for the applicant; and
99	99	(ii) is included in a record maintained
100	100	under Section 531.702; or
101	101	(B) denied an initial or renewal application for
102	102	a person who:
103	103	(i) is listed on the application or is or
104	104	will be serving in a position described by Section 531.702(c)(3)
105	105	for the applicant; and
106	106	(ii) is included in a record maintained
107	107	under Section 531.702; and
108	108	(2) the agency's action under Subdivision (1) was
109	109	based on:
110	110	(A) an act or omission that resulted in physical
111	111	or mental harm to an individual in the care of the applicant or
112	112	person;
113	113	(B) a threat to the health, safety, or well-being
114	114	of an individual in the care of the applicant or person;
115	115	(C) the physical, mental, or financial
116	116	exploitation of an individual in the care of the applicant or
117	117	person; or
118	118	(D) a determination by the agency that the
119	119	applicant or person has committed an act or omission that renders
120	120	the applicant unqualified or unfit to fulfill the obligations of
121	121	the license, listing, or registration.
122	122	Sec. 531.704. REQUIRED APPLICATION INFORMATION. An
123	123	applicant submitting an initial or renewal application for a
124	124	license, listing, or registration described under Section 531.701
125	125	must include with the application a written statement of:
126	126	(1) the name of any person who is or will be serving in
127	127	a position described by Section 531.702(c)(3) for the applicant and
128	128	who is included in a record maintained by a health and human
129	129	services agency under Section 531.702; and
130	130	(2) any other relevant information required by
131	131	executive commissioner rule.
132	132	SECTION 2. (a) Not later than December 1, 2009, the
133	133	executive commissioner of the Health and Human Services Commission
134	134	shall adopt the rules necessary to implement Subchapter R, Chapter
135	135	531, Government Code, as added by this Act.
136	136	(b) Notwithstanding Section 531.702, Government Code, as
137	137	added by this Act, a health and human services agency is not
138	138	required to maintain the records as required under that section
139	139	until January 1, 2010.
140	140	SECTION 3. This Act takes effect September 1, 2009.