82R23957 JSC-D
By: Nelson S.B. No. 78
(Laubenberg)
Substitute the following for S.B. No. 78: No.
A BILL TO BE ENTITLED
AN ACT
relating to adverse licensing, listing, or registration decisions
by certain health and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR REGISTRATION
DECISIONS
Sec. 531.951. APPLICABILITY. (a) This subchapter applies
only to the final licensing, listing, or registration decisions of
a health and human services agency with respect to a person under
the law authorizing the agency to regulate the following types of
persons:
(1) a youth camp licensed under Chapter 141, Health
and Safety Code;
(2) a home and community support services agency
licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed under Chapter 241, Health and
Safety Code;
(4) an institution licensed under Chapter 242, Health
and Safety Code;
(5) an assisted living facility licensed under Chapter
247, Health and Safety Code;
(6) a special care facility licensed under Chapter
248, Health and Safety Code;
(7) an intermediate care facility licensed under
Chapter 252, Health and Safety Code;
(8) a chemical dependency treatment facility licensed
under Chapter 464, Health and Safety Code;
(9) a mental hospital or mental health facility
licensed under Chapter 577, Health and Safety Code;
(10) a child-care facility or child-placing agency
licensed under or a family home listed or registered under Chapter
42, Human Resources Code; or
(11) an adult day-care facility licensed under Chapter
103, Human Resources Code.
(b) This subchapter does not apply to an agency decision
that did not result in a final order or that was reversed on appeal.
Sec. 531.952. RECORD OF FINAL DECISION. (a) Each health
and human services agency that regulates a person described by
Section 531.951 shall in accordance with this section and executive
commissioner rule maintain a record of:
(1) each application for a license, including a
renewal license or a license that does not expire, a listing, or a
registration that is denied by the agency under the law authorizing
the agency to regulate the person; and
(2) each license, listing, or registration that is
revoked, suspended, or terminated by the agency under the
applicable law.
(b) The record of an application required by Subsection
(a)(1) must be maintained until the 10th anniversary of the date the
application is denied. The record of the license, listing, or
registration required by Subsection (a)(2) must be maintained until
the 10th anniversary of the date of the revocation, suspension, or
termination.
(c) The record required under Subsection (a) must include:
(1) the name and address of the applicant for a
license, listing, or registration that is denied as described by
Subsection (a)(1);
(2) the name and address of each person listed in the
application for a license, listing, or registration that is denied
as described by Subsection (a)(1);
(3) the name of each person determined by the
applicable regulatory agency to be a controlling person of an
entity for which an application, license, listing, or registration
is denied, revoked, suspended, or terminated as described by
Subsection (a);
(4) the specific type of license, listing, or
registration that was denied, revoked, suspended, or terminated by
the agency;
(5) a summary of the terms of the denial, revocation,
suspension, or termination; and
(6) the period the denial, revocation, suspension, or
termination was effective.
(d) Each health and human services agency that regulates a
person described by Section 531.951 each month shall provide a copy
of the records maintained under this section to each other health
and human services agency that regulates a person described by
Section 531.951.
Sec. 531.953. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY
DECISION. A health and human services agency that regulates a
person described by Section 531.951 may deny an application for a
license, including a renewal license or a license that does not
expire, a listing, or a registration included in that section if:
(1) any of the following persons are listed in a record
maintained under Section 531.952:
(A) the applicant;
(B) a person listed on the application; or
(C) a person determined by the applicable
regulating agency to be a controlling person of an entity for which
the license, including a renewal license or a license that does not
expire, the listing, or the registration is sought; and
(2) the agency's action that resulted in the person
being listed in a record maintained under Section 531.952 is based
on:
(A) an act or omission that resulted in physical
or mental harm to an individual in the care of the applicant or
person;
(B) a threat to the health, safety, or well-being
of an individual in the care of the applicant or person;
(C) the physical, mental, or financial
exploitation of an individual in the care of the applicant or
person; or
(D) a determination by the agency that the
applicant or person has committed an act or omission that renders
the applicant unqualified or unfit to fulfill the obligations of
the license, listing, or registration.
Sec. 531.954. REQUIRED APPLICATION INFORMATION. An
applicant submitting an initial or renewal application for a
license, including a renewal license or a license that does not
expire, a listing, or a registration described under Section
531.951 must include with the application a written statement of:
(1) the name of any person who is or will be a
controlling person, as determined by the applicable agency
regulating the person, of the entity for which the license,
listing, or registration is sought; and
(2) any other relevant information required by
executive commissioner rule.
SECTION 2. (a) Not later than March 1, 2012, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Subchapter W, Chapter 531,
Government Code, as added by this Act.
(b) Notwithstanding Section 531.952, Government Code, as
added by this Act, a health and human services agency is not
required to maintain the records as required under that section
until March 1, 2012.
SECTION 3. This Act takes effect September 1, 2011.