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