| 1 | 1 | | By: Nelson S.B. No. 153 |
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| 2 | 2 | | (In the Senate - Filed December 21, 2012; January 29, 2013, |
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| 3 | 3 | | read first time and referred to Committee on Health and Human |
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| 4 | 4 | | Services; February 18, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 9, Nays 0; February 18, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the amounts of administrative penalties assessed or |
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| 11 | 11 | | imposed against certain health facilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subsections (b) and (c), Section 241.059, Health |
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| 14 | 14 | | and Safety Code, are amended to read as follows: |
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| 15 | 15 | | (b) In determining the amount of the penalty, the |
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| 16 | 16 | | commissioner of health shall consider: |
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| 17 | 17 | | (1) the hospital's previous violations; |
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| 18 | 18 | | (2) the seriousness of the violation; |
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| 19 | 19 | | (3) any threat to the health, safety, or rights of the |
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| 20 | 20 | | hospital's patients; |
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| 21 | 21 | | (4) the demonstrated good faith of the hospital; [and] |
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| 22 | 22 | | (5) the effect of the penalty on the hospital's ability |
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| 23 | 23 | | to continue to provide services; and |
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| 24 | 24 | | (6) such other matters as justice may require. |
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| 25 | 25 | | (c) The penalty may not exceed $25,000 [$1,000] for each |
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| 26 | 26 | | violation, except that the penalty for a violation of Section |
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| 27 | 27 | | 166.004 shall be $500. Each day of a continuing violation, other |
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| 28 | 28 | | than a violation of Section 166.004, may be considered a separate |
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| 29 | 29 | | violation. |
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| 30 | 30 | | SECTION 2. Subsection (c), Section 243.015, Health and |
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| 31 | 31 | | Safety Code, is amended to read as follows: |
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| 32 | 32 | | (c) The amount of the penalty may not exceed $25,000 |
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| 33 | 33 | | [$1,000] for each violation, and each day a violation continues or |
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| 34 | 34 | | occurs is a separate violation for purposes of imposing a penalty. |
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| 35 | 35 | | [The total amount of the penalty assessed for a violation |
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| 36 | 36 | | continuing or occurring on separate days under this subsection may |
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| 37 | 37 | | not exceed $5,000.] |
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| 38 | 38 | | SECTION 3. Subsection (b), Section 251.066, Health and |
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| 39 | 39 | | Safety Code, is amended to read as follows: |
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| 40 | 40 | | (b) The penalty may not exceed $25,000 [$1,000] for each |
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| 41 | 41 | | violation. Each day of a continuing violation constitutes a |
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| 42 | 42 | | separate violation. |
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| 43 | 43 | | SECTION 4. The changes in law made by this Act apply only to |
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| 44 | 44 | | the assessment or imposition of an administrative penalty under |
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| 45 | 45 | | Section 241.059, 243.015, or 251.066, Health and Safety Code, for a |
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| 46 | 46 | | violation that occurs on or after the effective date of this Act. |
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| 47 | 47 | | The assessment or imposition of an administrative penalty under |
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| 48 | 48 | | Section 241.059, 243.015, or 251.066, Health and Safety Code, for a |
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| 49 | 49 | | violation that occurs before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the violation occurred, |
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| 51 | 51 | | and that law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2013. |
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| 53 | 53 | | * * * * * |
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