Texas 2015 - 84th Regular

Texas House Bill HB2699 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1316 GCB-D
2	2	By: Raymond H.B. No. 2699
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the functions and operations of the Department of Aging
8	8	and Disability Services; increasing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 142, Health and Safety
11	11	Code, is amended by adding Section 142.0125 to read as follows:
12	12	Sec. 142.0125. PROGRESSIVE SANCTIONS. (a) The executive
13	13	commissioner by rule shall create a matrix of progressive sanctions
14	14	that the department must use to assess penalty amounts and impose
15	15	disciplinary actions under this chapter appropriately and fairly
16	16	for a violation of a law, rule, standard, or order adopted or
17	17	license issued under this chapter or for a violation of other law
18	18	for which this chapter provides a sanction.
19	19	(b) The matrix of progressive sanctions adopted under this
20	20	section must provide for increases in amounts of administrative
21	21	penalties based on type, frequency, and seriousness of violations
22	22	and must provide guidance for determining appropriate and graduated
23	23	administrative penalties to assess under this chapter to deter
24	24	future violations, including guidance on considering the factors
25	25	listed in this chapter for determining the amount of a penalty.
26	26	(c) The matrix of progressive sanctions adopted under this
27	27	section must provide for imposing stronger sanctions, including
28	28	license suspension or revocation, for more serious violations or
29	29	for repeated violations as appropriate to deter future serious or
30	30	repeated violations. The matrix of progressive sanctions must
31	31	describe appropriate time frames to be used in determining whether
32	32	a home and community support services agency has committed repeated
33	33	violations or has engaged in a pattern of repeated violations, such
34	34	as repeated violations found in consecutive regular inspections.
35	35	SECTION 2. Sections 142.017(b) and (j), Health and Safety
36	36	Code, are amended to read as follows:
37	37	(b) The penalty shall be not less than $100 or more than
38	38	$5,000 [$1,000] for each violation. Each day of a violation that
39	39	occurs before the day on which the person receives written notice of
40	40	the violation from the department does not constitute a separate
41	41	violation and shall be considered to be one violation. Each day of
42	42	a continuing violation that occurs after the day on which the person
43	43	receives written notice of the violation from the department
44	44	constitutes a separate violation.
45	45	(j) The executive commissioner by rule shall define types of
46	46	minor violations an agency may correct under Subsection (e) before
47	47	imposing an administrative penalty. The executive commissioner
48	48	shall ensure that all other violations are not subject to a right to
49	49	correct [The department may assess an administrative penalty
50	50	without providing a reasonable period of time to the agency to
51	51	correct the violation if the violation:
52	52	[(1) results in serious harm or death;
53	53	[(2) constitutes a serious threat to health or safety;
54	54	[(3) substantially limits the agency's capacity to
55	55	provide care;
56	56	[(4) is a violation in which a person:
57	57	[(A) makes a false statement, that the person
58	58	knows or should know is false, of a material fact:
59	59	[(i) on an application for issuance or
60	60	renewal of a license or in an attachment to the application; or
61	61	[(ii) with respect to a matter under
62	62	investigation by the department;
63	63	[(B) refuses to allow a representative of the
64	64	department to inspect a book, record, or file required to be
65	65	maintained by an agency;
66	66	[(C) wilfully interferes with the work of a
67	67	representative of the department or the enforcement of this
68	68	chapter;
69	69	[(D) wilfully interferes with a representative
70	70	of the department preserving evidence of a violation of this
71	71	chapter or a rule, standard, or order adopted or license issued
72	72	under this chapter;
73	73	[(E) fails to pay a penalty assessed by the
74	74	department under this chapter not later than the 10th day after the
75	75	date the assessment of the penalty becomes final; or
76	76	[(F) fails to submit:
77	77	[(i) a plan of correction not later than the
78	78	10th day after the date the person receives a statement of licensing
79	79	violations; or
80	80	[(ii) an acceptable plan of correction not
81	81	later than the 30th day after the date the person receives
82	82	notification from the department that the previously submitted plan
83	83	of correction is not acceptable;
84	84	[(5) is a violation of Section 142.0145; or
85	85	[(6) involves the rights of the elderly under Chapter
86	86	102, Human Resources Code].
87	87	SECTION 3. Section 242.061, Health and Safety Code, is
88	88	amended by adding Subsections (c-1), (c-2), and (e) to read as
89	89	follows:
90	90	(c-1) The department shall revoke the license of an
91	91	institution that violates this chapter or a rule, standard, or
92	92	order adopted or license issued under this chapter in a manner that
93	93	causes immediate jeopardy to health and safety on three separate
94	94	days within a 24-month period.
95	95	(c-2) In the case of revocation of a license under
96	96	Subsection (c-1), to ensure the health and safety of residents of
97	97	the institution, the department may:
98	98	(1) request the appointment of a trustee to operate
99	99	the institution under Subchapter D;
100	100	(2) obtain a new operator for the institution; or
101	101	(3) assist with the relocation of residents to another
102	102	institution.
103	103	(e) In this section, "immediate jeopardy to health and
104	104	safety" means a situation in which immediate corrective action is
105	105	necessary because the institution's noncompliance with one or more
106	106	requirements has caused, or is likely to cause, serious injury,
107	107	harm, impairment, or death to a resident receiving care in the
108	108	institution.
109	109	SECTION 4. Subchapter C, Chapter 242, Health and Safety
110	110	Code, is amended by adding Section 242.0613 to read as follows:
111	111	Sec. 242.0613. PROGRESSIVE SANCTIONS. (a) The executive
112	112	commissioner by rule shall create a matrix of progressive sanctions
113	113	that the department must use to assess penalty amounts and impose
114	114	disciplinary actions under this chapter appropriately and fairly
115	115	for a violation of a law, rule, standard, or order adopted or
116	116	license issued under this chapter or for a violation of other law
117	117	for which this chapter provides a sanction.
118	118	(b) The matrix of progressive sanctions adopted under this
119	119	section must provide for increases in amounts of administrative
120	120	penalties based on type, frequency, and seriousness of violations
121	121	and must provide guidance for determining appropriate and graduated
122	122	administrative penalties to assess under this chapter to deter
123	123	future violations, including guidance on considering the factors
124	124	listed in this chapter for determining the amount of a penalty.
125	125	(c) The matrix of progressive sanctions adopted under this
126	126	section must provide for imposing stronger sanctions, including
127	127	license suspension or revocation, for more serious violations or
128	128	for repeated violations as appropriate to deter future serious or
129	129	repeated violations. The matrix of progressive sanctions must
130	130	describe appropriate time frames to be used in determining whether
131	131	a facility has committed repeated violations or has engaged in a
132	132	pattern of repeated violations, such as repeated violations found
133	133	in consecutive regular inspections.
134	134	SECTION 5. Section 242.0665(b), Health and Safety Code, is
135	135	amended to read as follows:
136	136	(b) The executive commissioner by rule shall define types of
137	137	minor violations a facility may correct under Subsection (a) before
138	138	imposing an administrative penalty. The executive commissioner
139	139	shall ensure that all other violations are not subject to a right to
140	140	correct [Subsection (a) does not apply:
141	141	[(1) to a violation that the department determines:
142	142	[(A) results in serious harm to or death of a
143	143	resident;
144	144	[(B) constitutes a serious threat to the health
145	145	or safety of a resident; or
146	146	[(C) substantially limits the institution's
147	147	capacity to provide care;
148	148	[(2) to a violation described by Sections
149	149	242.066(a)(2)-(7);
150	150	[(3) to a violation of Section 260A.014 or 260A.015;
151	151	or
152	152	[(4) to a violation of a right of a resident adopted
153	153	under Subchapter L].
154	154	SECTION 6. Subchapter C, Chapter 247, Health and Safety
155	155	Code, is amended by adding Section 247.0415 to read as follows:
156	156	Sec. 247.0415. PROGRESSIVE SANCTIONS. (a) The executive
157	157	commissioner of the Health and Human Services Commission by rule
158	158	shall create a matrix of progressive sanctions that the department
159	159	must use to assess penalty amounts and impose disciplinary actions
160	160	under this chapter appropriately and fairly for a violation of a
161	161	law, rule, standard, or order adopted or license issued under this
162	162	chapter or for a violation of other law for which this chapter
163	163	provides a sanction.
164	164	(b) The matrix of progressive sanctions adopted under this
165	165	section must provide for increases in amounts of administrative
166	166	penalties based on type, frequency, and seriousness of violations
167	167	and must provide guidance for determining appropriate and graduated
168	168	administrative penalties to assess under this chapter to deter
169	169	future violations, including guidance on considering the factors
170	170	listed in this chapter for determining the amount of a penalty.
171	171	(c) The matrix of progressive sanctions adopted under this
172	172	section must provide for imposing stronger sanctions, including
173	173	license suspension or revocation, for more serious violations or
174	174	for repeated violations as appropriate to deter future serious or
175	175	repeated violations. The matrix of progressive sanctions must
176	176	describe appropriate time frames to be used in determining whether
177	177	an assisted living facility has committed repeated violations or
178	178	has engaged in a pattern of repeated violations, such as repeated
179	179	violations found in consecutive regular inspections.
180	180	SECTION 7. Section 247.0451(b), Health and Safety Code, is
181	181	amended to read as follows:
182	182	(b) Except as provided by Section 247.0452(c), the penalty
183	183	may not exceed $5,000 [$1,000] for each violation. Each day a
184	184	violation occurs or continues is a separate violation for purposes
185	185	of imposing a penalty.
186	186	SECTION 8. Section 247.0452(b), Health and Safety Code, is
187	187	amended to read as follows:
188	188	(b) The executive commissioner of the Health and Human
189	189	Services Commission by rule shall define types of minor violations
190	190	an assisted living facility may correct under Subsection (a) before
191	191	imposing an administrative penalty. The executive commissioner
192	192	shall ensure that all other violations are not subject to a right to
193	193	correct [Subsection (a) does not apply:
194	194	[(1) to a violation that the department determines
195	195	results in serious harm to or death of a resident;
196	196	[(2) to a violation described by Sections
197	197	247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
198	198	[(3) to a second or subsequent violation of:
199	199	[(A) a right of the same resident under Section
200	200	247.064; or
201	201	[(B) the same right of all residents under
202	202	Section 247.064; or
203	203	[(4) to a violation described by Section 247.066,
204	204	which contains its own right to correct provisions].
205	205	SECTION 9. Subchapter C, Chapter 252, Health and Safety
206	206	Code, is amended by adding Section 252.0615 to read as follows:
207	207	Sec. 252.0615. PROGRESSIVE SANCTIONS. (a) The executive
208	208	commissioner of the Health and Human Services Commission by rule
209	209	shall create a matrix of progressive sanctions that the department
210	210	must use to assess penalty amounts and impose disciplinary actions
211	211	under this chapter appropriately and fairly for a violation of a
212	212	law, rule, standard, or order adopted or license issued under this
213	213	chapter or for a violation of other law for which this chapter
214	214	provides a sanction.
215	215	(b) The matrix of progressive sanctions adopted under this
216	216	section must provide for increases in amounts of administrative
217	217	penalties based on type, frequency, and seriousness of violations
218	218	and must provide guidance for determining appropriate and graduated
219	219	administrative penalties to assess under this chapter to deter
220	220	future violations, including guidance on considering the factors
221	221	listed in this chapter for determining the amount of a penalty.
222	222	(c) The matrix of progressive sanctions adopted under this
223	223	section must provide for imposing stronger sanctions, including
224	224	license suspension or revocation, for more serious violations or
225	225	for repeated violations as appropriate to deter future serious or
226	226	repeated violations. The matrix of progressive sanctions must
227	227	describe appropriate time frames to be used in determining whether
228	228	a facility has committed repeated violations or has engaged in a
229	229	pattern of repeated violations, such as repeated violations found
230	230	in consecutive regular inspections.
231	231	SECTION 10. Sections 252.065(b) and (e), Health and Safety
232	232	Code, are amended to read as follows:
233	233	(b) The penalty for a facility with fewer than 60 beds shall
234	234	be not less than $100 or more than $1,000 for each violation. The
235	235	penalty for a facility with 60 beds or more shall be not less than
236	236	$100 or more than $5,000 for each violation. [The total amount of
237	237	the penalty assessed for a violation continuing or occurring on
238	238	separate days under this subsection may not exceed $5,000 for a
239	239	facility with fewer than 60 beds or $25,000 for a facility with 60
240	240	beds or more.] Each day a violation occurs or continues is a
241	241	separate violation for purposes of imposing a penalty.
242	242	(e) The department by rule shall provide the facility with a
243	243	reasonable period of time, not less than 45 days, following the
244	244	first day of a violation to correct the violation before assessing
245	245	an administrative penalty if a plan of correction has been
246	246	implemented. The executive commissioner of the Health and Human
247	247	Services Commission by rule shall define types of minor violations
248	248	a facility may correct before assessing an administrative penalty.
249	249	The executive commissioner shall ensure that all other violations
250	250	are not subject to a right to correct [This subsection does not
251	251	apply to a violation described by Subsections (a)(2)-(8) or to a
252	252	violation that the department determines:
253	253	[(1) has resulted in serious harm to or the death of a
254	254	resident;
255	255	[(2) constitutes a serious threat to the health or
256	256	safety of a resident; or
257	257	[(3) substantially limits the institution's capacity
258	258	to provide care].
259	259	SECTION 11. Subchapter B, Chapter 533, Health and Safety
260	260	Code, is amended by adding Section 533.054 to read as follows:
261	261	Sec. 533.054. CRISIS INTERVENTION TEAMS. (a) In this
262	262	section:
263	263	(1) "Crisis intervention team" means a team of
264	264	individuals specially trained to provide services and support to
265	265	persons with intellectual and developmental disabilities who have
266	266	behavioral health needs and who are at risk of
267	267	institutionalization.
268	268	(2) "Department" means the Department of Aging and
269	269	Disability Services.
270	270	(b) The department shall evaluate the effectiveness of
271	271	various models of crisis intervention teams that are funded under a
272	272	waiver under Section 1115 of the federal Social Security Act (42
273	273	U.S.C. Section 1315) and operated by a local intellectual and
274	274	developmental disability authority.
275	275	(c) Not later than March 1, 2016, the department shall
276	276	select for implementation one or more models for crisis
277	277	intervention teams the department determines best provide
278	278	comprehensive, cost-effective support.
279	279	(d) The department shall determine the areas in this state
280	280	in which local intellectual and developmental disability
281	281	authorities do not operate crisis intervention teams and, subject
282	282	to available funding, shall implement in each area a team that
283	283	operates in accordance with a model selected for implementation
284	284	under this section.
285	285	SECTION 12. Chapter 555, Health and Safety Code, is amended
286	286	by adding Subchapter F to read as follows:
287	287	SUBCHAPTER F. STATE SUPPORTED LIVING CENTER RESTRUCTURING AND
288	288	CLOSURES
289	289	Sec. 555.201. STATE SUPPORTED LIVING CENTER RESTRUCTURING
290	290	COMMISSION. (a) In this subchapter, "restructuring commission"
291	291	means the state supported living center restructuring commission.
292	292	(b) The restructuring commission consists of five members
293	293	appointed by the governor and the following three nonvoting ex
294	294	officio members:
295	295	(1) the executive commissioner or the executive
296	296	commissioner's designee;
297	297	(2) the executive director of the Texas Facilities
298	298	Commission or the executive director's designee; and
299	299	(3) the commissioner of the General Land Office or the
300	300	commissioner's designee.
301	301	(c) The restructuring commission is established to
302	302	evaluate each state supported living center in the state to
303	303	determine whether closure of the center is recommended to maintain
304	304	only the number of centers necessary to meet the level of need in
305	305	the state. In evaluating each state supported living center, the
306	306	restructuring commission shall consider:
307	307	(1) the quality of services provided by the center,
308	308	including the center's most recent certification inspections and
309	309	the center's ability to meet the minimum ICF-IID standards;
310	310	(2) the costs of operating the center;
311	311	(3) the center's compliance with the 2009 settlement
312	312	agreement between the department and the United States Department
313	313	of Justice regarding services provided to individuals with
314	314	intellectual and developmental disabilities in state-operated
315	315	facilities;
316	316	(4) the availability of community service providers in
317	317	the area served by the center;
318	318	(5) the specialty services provided at the center,
319	319	including the ability of the center to serve alleged offenders or
320	320	high-risk residents;
321	321	(6) the availability of employment opportunities for
322	322	center employees if the center closes;
323	323	(7) any infrastructure deficiency costs relating to
324	324	the center;
325	325	(8) the property value of, the market demand for, and
326	326	any deed restrictions applicable to property and facilities of the
327	327	center;
328	328	(9) whether closure of the center would adversely
329	329	affect the geographic distribution of centers in the state;
330	330	(10) the availability and capacity of service
331	331	providers and resources in the community capable of delivering the
332	332	quality and level of care each resident of the center would require
333	333	following the center's closure; and
334	334	(11) any other criteria the restructuring commission
335	335	considers appropriate.
336	336	(d) Not later than December 1, 2016, the restructuring
337	337	commission shall submit to the governor, the lieutenant governor,
338	338	the speaker of the house of representatives, and the presiding
339	339	officers of the standing committees of the senate and house of
340	340	representatives having primary jurisdiction over intellectual and
341	341	developmental disability issues a report detailing the
342	342	restructuring commission's evaluation of each state supported
343	343	living center and, if applicable, proposing the closure of certain
344	344	centers.
345	345	(e) The restructuring commission is abolished and this
346	346	section expires January 1, 2017.
347	347	Sec. 555.202. RECOMMENDED CLOSURES OF STATE SUPPORTED
348	348	LIVING CENTERS. (a) If the restructuring commission proposes the
349	349	closure of one or more state supported living centers, the 85th
350	350	Legislature shall consider legislation proposing the closure of the
351	351	centers recommended for closure. In considering the proposed
352	352	legislation described by this subsection, members of the
353	353	legislature may not propose amendments to the legislation.
354	354	(b) If the legislation described by Subsection (a) is
355	355	enacted and becomes law, the department shall ensure that each
356	356	state supported living center approved by the legislature for
357	357	closure under Subsection (a) is closed not later than August 31,
358	358	2025.
359	359	(c) This subchapter expires September 1, 2025.
360	360	Sec. 555.203. CLOSURE OF AUSTIN STATE SUPPORTED LIVING
361	361	CENTER. (a) The department shall establish a closure plan for the
362	362	Austin State Supported Living Center. The plan must provide for
363	363	closure of the facility and operations of the Austin State
364	364	Supported Living Center not later than August 31, 2017.
365	365	(b) The closure plan must provide procedures to transition
366	366	to the community each resident for whom transition to the community
367	367	is practicable while maintaining respect for resident choice.
368	368	(c) The department may award one-time retention bonuses to
369	369	each direct support professional, qualified intellectual
370	370	disability professional, social worker, and case manager who agrees
371	371	to continue to provide services at the Austin State Supported
372	372	Living Center until the center is closed.
373	373	(d) The proceeds from the closure, including from the sale
374	374	or lease of facilities or other property, may be appropriated only
375	375	for services for persons with intellectual and developmental
376	376	disabilities, including persons with a dual diagnosis of
377	377	intellectual and developmental disabilities and mental illness.
378	378	(e) Not later than August 31, 2018, the department shall
379	379	evaluate the closure process, including how well the closure plan
380	380	worked, and, if appropriate, establish policies for improving the
381	381	closure process for future closures of other state supported living
382	382	centers.
383	383	(f) This section expires September 1, 2018.
384	384	SECTION 13. Section 531.0318, Government Code, is amended
385	385	by adding Subsections (b-1), (d), and (e) to read as follows:
386	386	(b-1) The information for consumers required by this
387	387	section must include for each provider of long-term care services:
388	388	(1) a rating assigned by the Department of Aging and
389	389	Disability Services indicating the quality of the care provided or,
390	390	alternatively, a link to a rating assigned a provider on an Internet
391	391	website maintained by the federal government;
392	392	(2) information concerning quality of care, as that
393	393	information becomes available;
394	394	(3) staffing information, if available, including for
395	395	each year the number of staff members who began employment with the
396	396	provider during that year and the number of staff members who ceased
397	397	employment with the provider during that year;
398	398	(4) the ratio of staff members to residents; and
399	399	(5) the provider's regulatory performance, as
400	400	available.
401	401	(d) The Department of Aging and Disability Services shall
402	402	immediately post notice on the department's Internet website when a
403	403	provider of long-term care services loses its Medicaid
404	404	certification.
405	405	(e) The Department of Aging and Disability Services shall
406	406	periodically solicit input regarding the content of the information
407	407	required under this section and the usability and accessibility of
408	408	the website on which the information is located from consumers,
409	409	consumer advocates, long-term care services providers, and the
410	410	general public.
411	411	SECTION 14. Subchapter D, Chapter 48, Human Resources Code,
412	412	is amended by adding Section 48.15221 to read as follows:
413	413	Sec. 48.15221. REPORTS CONCERNING DAY HABILITATION
414	414	SERVICES PROVIDERS. (a) In this section "day habilitation
415	415	services" and "day habilitation services provider" have the
416	416	meanings assigned by Section 161.401.
417	417	(b) The department shall prepare and submit to the
418	418	Department of Aging and Disability Services an annual report of the
419	419	number of investigations arising from a report of abuse, neglect,
420	420	or exploitation of a person with an intellectual or developmental
421	421	disability that was allegedly committed by or on the premises of a
422	422	day habilitation services provider, and whether the investigation
423	423	concluded that the report of alleged abuse, neglect, or
424	424	exploitation was confirmed, unconfirmed, inconclusive, or
425	425	unfounded.
426	426	(c) The duty to prepare and submit a report under Subsection
427	427	(b) does not affect the duty of the department to investigate and
428	428	hold accountable a community-based intellectual and developmental
429	429	disabilities services provider or intermediate care facility for
430	430	any abuse, neglect, or exploitation of a person who receives day
431	431	habilitation services from the provider.
432	432	SECTION 15. Chapter 103, Human Resources Code, is amended
433	433	by adding Section 103.0085 to read as follows:
434	434	Sec. 103.0085. PROGRESSIVE SANCTIONS. (a) The executive
435	435	commissioner of the Health and Human Services Commission by rule
436	436	shall create a matrix of progressive sanctions that the department
437	437	must use to assess penalty amounts and impose disciplinary actions
438	438	under this chapter appropriately and fairly for a violation of a
439	439	law, rule, standard, or order adopted or license issued under this
440	440	chapter or for a violation of other law for which this chapter
441	441	provides a sanction.
442	442	(b) The matrix of progressive sanctions adopted under this
443	443	section must provide for increases in amounts of administrative
444	444	penalties based on type, frequency, and seriousness of violations
445	445	and must provide guidance for determining appropriate and graduated
446	446	administrative penalties to assess under this chapter to deter
447	447	future violations, including guidance on considering the factors
448	448	listed in this chapter for determining the amount of a penalty.
449	449	(c) The matrix of progressive sanctions adopted under this
450	450	section must provide for imposing stronger sanctions, including
451	451	license suspension or revocation, for more serious violations or
452	452	for repeated violations as appropriate to deter future serious or
453	453	repeated violations. The matrix of progressive sanctions must
454	454	describe appropriate time frames to be used in determining whether
455	455	an adult day-care facility has committed repeated violations or has
456	456	engaged in a pattern of repeated violations, such as repeated
457	457	violations found in consecutive regular inspections.
458	458	SECTION 16. Section 103.013(b), Human Resources Code, is
459	459	amended to read as follows:
460	460	(b) The executive commissioner of the Health and Human
461	461	Services Commission by rule shall define types of minor violations
462	462	an adult day-care facility may correct under Subsection (a) before
463	463	assessing an administrative penalty. The executive commissioner
464	464	shall ensure that all other violations are not subject to a right to
465	465	correct [Subsection (a) does not apply to:
466	466	[(1) a violation that the department determines:
467	467	[(A) results in serious harm to or death of a
468	468	person attending the facility;
469	469	[(B) constitutes a serious threat to the health
470	470	and safety of a person attending the facility; or
471	471	[(C) substantially limits the facility's
472	472	capacity to provide care;
473	473	[(2) a violation described by Sections
474	474	103.012(a)(2)-(7); or
475	475	[(3) a violation of Section 103.011].
476	476	SECTION 17. Section 161.080, Human Resources Code, is
477	477	amended by adding Subsection (c) to read as follows:
478	478	(c) The executive commissioner by rule shall establish a
479	479	list of services a state supported living center may provide under a
480	480	contract described by Subsection (a) and a schedule of fees the
481	481	state supported living center may charge for those services. In
482	482	establishing the schedule of fees for services, the executive
483	483	commissioner shall use the reimbursement rate for the applicable
484	484	service under the Medicaid program or modify that rate with a
485	485	written justification for the modification.
486	486	SECTION 18. Chapter 161, Human Resources Code, is amended
487	487	by adding Subchapter J to read as follows:
488	488	SUBCHAPTER J. POWERS AND DUTIES RELATING TO DAY HABILITATION
489	489	SERVICES PROVIDERS
490	490	Sec. 161.401. DEFINITIONS. In this subchapter:
491	491	(1) "Day habilitation services" means services to
492	492	assist persons with intellectual and developmental disabilities in
493	493	acquiring, retaining, and improving the self-help, socialization,
494	494	and adaptive skills necessary to reside successfully in the
495	495	community, including prevocational, educational, and supported
496	496	employment services.
497	497	(2) "Day habilitation services provider" means a
498	498	person who contracts with a community-based intellectual and
499	499	developmental disabilities services provider or intermediate care
500	500	facility to provide federally funded Medicaid day habilitation
501	501	services authorized under Section 1915(c) of the federal Social
502	502	Security Act (42 U.S.C. Section 1396n(c)).
503	503	Sec. 161.402. DAY HABILITATION SERVICES PROVIDER
504	504	INFORMATION TRACKING. (a) Each community-based intellectual and
505	505	developmental disabilities services provider and intermediate care
506	506	facility shall annually submit to the department a report
507	507	providing:
508	508	(1) an estimate of the number of clients receiving day
509	509	habilitation services for each month of that year;
510	510	(2) the physical address of each day habilitation
511	511	services provider that provided those services;
512	512	(3) the services provided to those clients; and
513	513	(4) an estimate of monthly expenditures for the
514	514	provision of those services to those clients.
515	515	(b) The department shall maintain information obtained
516	516	during a department inspection of a day habilitation services
517	517	provider concerning conduct or conditions that would constitute a
518	518	violation of federal or state law or of department rules applicable
519	519	to the community-based intellectual and developmental disabilities
520	520	services provider or intermediate care facility with which the day
521	521	habilitation services provider contracts.
522	522	(c) The department shall maintain information concerning an
523	523	investigation of abuse, neglect, or exploitation concerning a day
524	524	habilitation services provider that the department receives from
525	525	the Department of Family and Protective Services under Section
526	526	48.15221.
527	527	Sec. 161.403. DAY HABILITATION PROGRAM ADVISORY COMMITTEE.
528	528	(a) Not later than September 1, 2015, the department shall
529	529	establish a day habilitation program advisory committee composed of
530	530	members that represent community-based waiver providers, owners of
531	531	day habilitation services providers, and advocates for persons with
532	532	intellectual and developmental disabilities.
533	533	(b) The day habilitation program advisory committee shall
534	534	consider and make recommendations concerning whether the provision
535	535	of day habilitation services in this state should be redesigned and
536	536	whether day habilitation services providers should be subject to
537	537	regulation, including by licensure or certification.
538	538	(c) In considering the redesign of the provision of day
539	539	habilitation services in this state, the day habilitation program
540	540	advisory committee shall examine whether day habilitation service
541	541	providers currently comply with the requirements of 42 C.F.R.
542	542	Section 441.301.
543	543	(d) The day habilitation program advisory committee shall
544	544	also consider and make recommendations concerning issues relevant
545	545	to the provision of day habilitation services, including the
546	546	appropriate funding for services, reimbursable settings and
547	547	services, staff-to-client ratio requirements, safety requirements,
548	548	and other required or applicable standards.
549	549	(e) Not later than September 1, 2016, the day habilitation
550	550	program advisory committee shall submit to the governor, the
551	551	lieutenant governor, the speaker of the house of representatives,
552	552	and the presiding officers of the standing committees of the senate
553	553	and house of representatives having primary jurisdiction over
554	554	intellectual and developmental disability issues a report
555	555	containing the committee's recommendations concerning the redesign
556	556	of the provision of day habilitation services in this state and the
557	557	necessity for regulation, licensure, or certification of day
558	558	habilitation services providers.
559	559	(f) The day habilitation program advisory committee is
560	560	abolished and this section expires December 31, 2016.
561	561	SECTION 19. Section 101.049, Human Resources Code, is
562	562	repealed.
563	563	SECTION 20. (a) Not later than September 1, 2016, the
564	564	executive commissioner of the Health and Human Services Commission
565	565	shall adopt by rule the matrices of progressive sanctions required
566	566	by Sections 142.0125, 242.0613, 247.0415, and 252.0615, Health and
567	567	Safety Code, and Section 103.0085, Human Resources Code, as added
568	568	by this Act.
569	569	(b) Not later than September 1, 2015, the governor shall
570	570	appoint five members of the state supported living center
571	571	restructuring commission, as required by Section 555.201, Health
572	572	and Safety Code, as added by this Act.
573	573	(c) Not later than September 1, 2016, the executive
574	574	commissioner of the Health and Human Services Commission shall
575	575	adopt the rule listing services a state supported living center may
576	576	provide under a contract and the schedule of fees for those services
577	577	as required by Section 161.080, Human Resources Code, as amended by
578	578	this Act.
579	579	SECTION 21. This Act takes effect immediately if it
580	580	receives a vote of two-thirds of all the members elected to each
581	581	house, as provided by Section 39, Article III, Texas Constitution.
582	582	If this Act does not receive the vote necessary for immediate
583	583	effect, this Act takes effect September 1, 2015.