Texas 2015 - 84th Regular

Texas House Bill HB2340 Compare Versions

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Version 2 (New)

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1		-	By: Sheffield (Senate Sponsor - Lucio) H.B. No. 2340
2		-	(In the Senate - Received from the House May 7, 2015;
3		-	May 7, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 20, 2015, reported favorably by the
5		-	following vote: Yeas 7, Nays 0; May 20, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2340
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to regulation of prescribed pediatric extended care
12	6		centers; amending a provision subject to a criminal penalty.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Sections 248A.051(a) and (b), Health and Safety
15	9		Code, are amended to read as follows:
16	10		(a) A person may not own or operate a prescribed pediatric
17	11		extended care center in this state unless the person holds an
18	12		initial, renewal, or temporary [a] license issued under this
19	13		chapter. An applicant for a prescribed pediatric extended care
20	14		center license may not provide services under that license until
21	15		the department issues the license.
22	16		(b) A separate initial, renewal, or temporary license is
23	17		required for each center located on separate premises, regardless
24	18		of whether the centers are under the ownership or operation of the
25	19		same person.
26	20		SECTION 2. The heading to Section 248A.052, Health and
27	21		Safety Code, is amended to read as follows:
28	22		Sec. 248A.052. INITIAL LICENSE APPLICATION; ISSUANCE.
29	23		SECTION 3. Section 248A.052(a), Health and Safety Code, as
30	24		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
31	25		2015, and Section 248A.052(c), Health and Safety Code, are amended
32	26		to read as follows:
33	27		(a) An applicant for an initial [a] prescribed pediatric
34	28		extended care center license shall submit to the department in
35	29		accordance with department rules:
36	30		(1) a sworn application on the form prescribed by the
37	31		department;
38	32		(2) a letter of credit as prescribed by the department
39	33		to demonstrate the applicant's financial viability; and
40	34		(3) the required fees.
41	35		(c) The department shall issue an initial [a] license to a
42	36		center under this chapter if the department determines that the
43	37		applicant and the center meet the requirements of this chapter and
44	38		the rules and standards adopted under this chapter. The license
45	39		must include:
46	40		(1) the license holder's name;
47	41		(2) the location of the premises of the center; and
48	42		(3) a statement indicating the center provides
49	43		services to minors for 12 hours or less in a 24-hour period and does
50	44		not provide 24-hour care.
51	45		SECTION 4. Subchapter B, Chapter 248A, Health and Safety
52	46		Code, is amended by adding Section 248A.0525 to read as follows:
53	47		Sec. 248A.0525. TEMPORARY LICENSE PROCEDURES. (a) An
54	48		applicant for an initial license under Section 248A.052 may
55	49		request, in the manner prescribed by the department and in
56	50		accordance with this section, that the department issue a temporary
57	51		license pending the department's review of the applicant's
58	52		application for an initial license. An applicant is not required to
59	53		request a temporary license to receive an initial or renewal
60	54		license.
61	55		(b) A temporary license issued under this section
62	56		authorizes an applicant to provide nonresidential basic services to
63	57		not more than six minors until the temporary license expires or
64	58		terminates in accordance with this section.
65	59		(c) On receipt of a temporary license request, the
66	60		department shall conduct a review of the applicant's policies,
67	61		procedures, and staffing plans to serve minors in the center.
68	62		(d) The department shall grant an applicant's request for a
69	63		temporary license if the department determines the applicant is
70	64		eligible for the license as provided by this subsection. The
71	65		department may not grant a request for a temporary license if the
72	66		department determines the applicant is ineligible for the license
73	67		under this subsection. An applicant is eligible for a temporary
74	68		license only if the applicant meets:
75	69		(1) the license application requirements of Sections
76	70		248A.052(a) and (b) and the license application rules adopted under
77	71		this chapter;
78	72		(2) the building requirements and standards for a
79	73		center provided in department rules adopted under this chapter; and
80	74		(3) the requirements of the department's review
81	75		conducted under Subsection (c).
82	76		(e) A temporary license issued under this section expires on
83	77		the earlier of:
84	78		(1) the 90th day after the date the temporary license
85	79		is issued or the last day of any extension period granted by the
86	80		department; or
87	81		(2) the date an initial license is issued under
88	82		Section 248A.052.
89	83		(f) The department may not grant more than one extension of
90	84		a temporary license issued under this section and may not grant an
91	85		extension for a period that exceeds 90 days. The department shall
92	86		grant an extension if a temporary license holder submits to the
93	87		department an extension request in the manner prescribed by the
94	88		department not later than the 30th day before the date the temporary
95	89		license expires.
96	90		(g) A temporary license holder must comply with this chapter
97	91		and the rules adopted under this chapter for the period for which
98	92		the temporary license is issued, including an extension, if
99	93		applicable. The department may take an enforcement action against
100	94		a temporary license holder for failure to comply with this chapter
101	95		and the rules adopted under this chapter.
102	96		(h) The department may conduct a complaint investigation
103	97		and inspection of a temporary license holder.
104	98		SECTION 5. The heading to Section 248A.053, Health and
105	99		Safety Code, is amended to read as follows:
106	100		Sec. 248A.053. INITIAL OR RENEWAL LICENSE TERM; RENEWAL;
107	101		NOTIFICATION.
108	102		SECTION 6. Section 248A.053(a), Health and Safety Code, is
109	103		amended to read as follows:
110	104		(a) An initial or renewal [A] license issued under this
111	105		chapter expires on the second anniversary of the date of issuance.
112	106		SECTION 7. The heading to Section 248A.151, Health and
113	107		Safety Code, is amended to read as follows:
114	108		Sec. 248A.151. ADMISSION CRITERIA FOR MINOR CLIENT; ADULT
115	109		ACCOMPANIMENT.
116	110		SECTION 8. Section 248A.151, Health and Safety Code, is
117	111		amended by adding Subsection (c) to read as follows:
118	112		(c) A minor client's parent, legal guardian, or managing
119	113		conservator is not required to accompany the client when:
120	114		(1) the client receives services in the center,
121	115		including therapy services delivered in the center but billed
122	116		separately; or
123	117		(2) the center transports or provides for the
124	118		transport of the client to and from the center.
125	119		SECTION 9. Subchapter D, Chapter 248A, Health and Safety
126	120		Code, is amended by adding Section 248A.158 to read as follows:
127	121		Sec. 248A.158. RELATION TO NURSING SERVICES. Nursing
128	122		services provided by a center must be a one-to-one replacement of
129	123		private duty nursing or other skilled nursing services unless
130	124		additional nursing services are medically necessary.
131	125		SECTION 10. Not later than September 1, 2016, the executive
132	126		commissioner of the Health and Human Services Commission shall
133	127		adopt the rules necessary to implement Chapter 248A, Health and
134	128		Safety Code, as amended by this Act.
135	129		SECTION 11. As soon as practicable after the effective date
136	130		of this Act, the executive commissioner of the Health and Human
137	131		Services Commission shall establish a reimbursement rate for
138	132		licensed pediatric extended care centers that are enrolled in the
139	133		medical assistance program that, when converted to an hourly rate,
140	134		is not more than 70 percent of the average hourly unit rate for
141	135		private duty nursing provided under the Texas Health Steps
142	136		Comprehensive Care Program.
143	137		SECTION 12. If before implementing any provision of this
144	138		Act a state agency determines that a waiver or authorization from a
145	139		federal agency is necessary for implementation of that provision,
146	140		the agency affected by the provision shall request the waiver or
147	141		authorization and may delay implementing that provision until the
148	142		waiver or authorization is granted.
149	143		SECTION 13. The changes in law made by this Act related to
150	144		temporary licenses apply only to a temporary license application
151	145		submitted to or an inspection conducted by the Department of Aging
152	146		and Disability Services on or after September 1, 2016.
153	147		SECTION 14. This Act takes effect September 1, 2015.
154		-	* * * * *
	148	+	______________________________ ______________________________
	149	+	President of the Senate Speaker of the House
	150	+	I certify that H.B. No. 2340 was passed by the House on May 6,
	151	+	2015, by the following vote: Yeas 143, Nays 0, 2 present, not
	152	+	voting.
	153	+	______________________________
	154	+	Chief Clerk of the House
	155	+	I certify that H.B. No. 2340 was passed by the Senate on May
	156	+	23, 2015, by the following vote: Yeas 31, Nays 0.
	157	+	______________________________
	158	+	Secretary of the Senate
	159	+	APPROVED: _____________________
	160	+	Date
	161	+	_____________________
	162	+	Governor