Texas 2011 - 82nd Regular

Texas Senate Bill SB78 Compare Versions

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1	1	82R23957 JSC-D
2	2	By: Nelson S.B. No. 78
3	3	(Laubenberg)
4	4	Substitute the following for S.B. No. 78: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to adverse licensing, listing, or registration decisions
10	10	by certain health and human services agencies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 531, Government Code, is amended by
13	13	adding Subchapter W to read as follows:
14	14	SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR REGISTRATION
15	15	DECISIONS
16	16	Sec. 531.951. APPLICABILITY. (a) This subchapter applies
17	17	only to the final licensing, listing, or registration decisions of
18	18	a health and human services agency with respect to a person under
19	19	the law authorizing the agency to regulate the following types of
20	20	persons:
21	21	(1) a youth camp licensed under Chapter 141, Health
22	22	and Safety Code;
23	23	(2) a home and community support services agency
24	24	licensed under Chapter 142, Health and Safety Code;
25	25	(3) a hospital licensed under Chapter 241, Health and
26	26	Safety Code;
27	27	(4) an institution licensed under Chapter 242, Health
28	28	and Safety Code;
29	29	(5) an assisted living facility licensed under Chapter
30	30	247, Health and Safety Code;
31	31	(6) a special care facility licensed under Chapter
32	32	248, Health and Safety Code;
33	33	(7) an intermediate care facility licensed under
34	34	Chapter 252, Health and Safety Code;
35	35	(8) a chemical dependency treatment facility licensed
36	36	under Chapter 464, Health and Safety Code;
37	37	(9) a mental hospital or mental health facility
38	38	licensed under Chapter 577, Health and Safety Code;
39	39	(10) a child-care facility or child-placing agency
40	40	licensed under or a family home listed or registered under Chapter
41	41	42, Human Resources Code; or
42	42	(11) an adult day-care facility licensed under Chapter
43	43	103, Human Resources Code.
44	44	(b) This subchapter does not apply to an agency decision
45	45	that did not result in a final order or that was reversed on appeal.
46	46	Sec. 531.952. RECORD OF FINAL DECISION. (a) Each health
47	47	and human services agency that regulates a person described by
48	48	Section 531.951 shall in accordance with this section and executive
49	49	commissioner rule maintain a record of:
50	50	(1) each application for a license, including a
51	51	renewal license or a license that does not expire, a listing, or a
52	52	registration that is denied by the agency under the law authorizing
53	53	the agency to regulate the person; and
54	54	(2) each license, listing, or registration that is
55	55	revoked, suspended, or terminated by the agency under the
56	56	applicable law.
57	57	(b) The record of an application required by Subsection
58	58	(a)(1) must be maintained until the 10th anniversary of the date the
59	59	application is denied. The record of the license, listing, or
60	60	registration required by Subsection (a)(2) must be maintained until
61	61	the 10th anniversary of the date of the revocation, suspension, or
62	62	termination.
63	63	(c) The record required under Subsection (a) must include:
64	64	(1) the name and address of the applicant for a
65	65	license, listing, or registration that is denied as described by
66	66	Subsection (a)(1);
67	67	(2) the name and address of each person listed in the
68	68	application for a license, listing, or registration that is denied
69	69	as described by Subsection (a)(1);
70	70	(3) the name of each person determined by the
71	71	applicable regulatory agency to be a controlling person of an
72	72	entity for which an application, license, listing, or registration
73	73	is denied, revoked, suspended, or terminated as described by
74	74	Subsection (a);
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 531.951 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 531.951.
87	87	Sec. 531.953. 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 531.951 may deny an application for a
90	90	license, including a renewal license or a license that does not
91	91	expire, a listing, or a registration included in that section if:
92	92	(1) any of the following persons are listed in a record
93	93	maintained under Section 531.952:
94	94	(A) the applicant;
95	95	(B) a person listed on the application; or
96	96	(C) a person determined by the applicable
97	97	regulating agency to be a controlling person of an entity for which
98	98	the license, including a renewal license or a license that does not
99	99	expire, the listing, or the registration is sought; and
100	100	(2) the agency's action that resulted in the person
101	101	being listed in a record maintained under Section 531.952 is based
102	102	on:
103	103	(A) an act or omission that resulted in physical
104	104	or mental harm to an individual in the care of the applicant or
105	105	person;
106	106	(B) a threat to the health, safety, or well-being
107	107	of an individual in the care of the applicant or person;
108	108	(C) the physical, mental, or financial
109	109	exploitation of an individual in the care of the applicant or
110	110	person; or
111	111	(D) a determination by the agency that the
112	112	applicant or person has committed an act or omission that renders
113	113	the applicant unqualified or unfit to fulfill the obligations of
114	114	the license, listing, or registration.
115	115	Sec. 531.954. REQUIRED APPLICATION INFORMATION. An
116	116	applicant submitting an initial or renewal application for a
117	117	license, including a renewal license or a license that does not
118	118	expire, a listing, or a registration described under Section
119	119	531.951 must include with the application a written statement of:
120	120	(1) the name of any person who is or will be a
121	121	controlling person, as determined by the applicable agency
122	122	regulating the person, of the entity for which the license,
123	123	listing, or registration is sought; and
124	124	(2) any other relevant information required by
125	125	executive commissioner rule.
126	126	SECTION 2. (a) Not later than March 1, 2012, the executive
127	127	commissioner of the Health and Human Services Commission shall
128	128	adopt the rules necessary to implement Subchapter W, Chapter 531,
129	129	Government Code, as added by this Act.
130	130	(b) Notwithstanding Section 531.952, Government Code, as
131	131	added by this Act, a health and human services agency is not
132	132	required to maintain the records as required under that section
133	133	until March 1, 2012.
134	134	SECTION 3. This Act takes effect September 1, 2011.