Texas 2015 - 84th Regular

Texas Senate Bill SB1385 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R29008 JSL-F
2		-	By: Schwertner, et al. S.B. No. 1385
3		-	(Price, Naishtat, Raymond)
4		-	Substitute the following for S.B. No. 1385: No.
	1	+	S.B. No. 1385
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the authorization of the imposition of administrative
10	6		penalties on providers participating in certain Medicaid waiver
11	7		programs.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
14	10		is amended by adding Section 161.088 to read as follows:
15	11		Sec. 161.088. ADMINISTRATIVE PENALTIES. (a) This section
16	12		applies to the following waiver programs established under Section
17	13		1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and
18	14		administered by the department to serve persons with an
19	15		intellectual or developmental disability:
20	16		(1) the home and community-based services (HCS) waiver
21	17		program; and
22	18		(2) the Texas home living (TxHmL) waiver program.
23	19		(b) The department may assess and collect an administrative
24	20		penalty against a provider who participates in a program to which
25	21		this section applies for a violation of a law or rule relating to
26	22		the program. If the department assesses an administrative penalty
27	23		against a provider for a violation of a law or rule, the department
28	24		may not impose a payment hold against or otherwise withhold
29	25		contract payments from the provider for the same violation of a law
30	26		or rule.
31	27		(c) After consulting with appropriate stakeholders, the
32	28		executive commissioner shall develop and adopt rules regarding the
33	29		imposition of administrative penalties under this section. The
34	30		rules must:
35	31		(1) specify the types of violations that warrant
36	32		imposition of an administrative penalty;
37	33		(2) establish a schedule of progressive
38	34		administrative penalties in accordance with the relative type,
39	35		frequency, and seriousness of a violation;
40	36		(3) prescribe reasonable amounts to be imposed for
41	37		each violation giving rise to an administrative penalty, subject to
42	38		Subdivision (4);
43	39		(4) authorize the imposition of an administrative
44	40		penalty in an amount not to exceed $5,000 for each violation;
45	41		(5) provide that a provider commits a separate
46	42		violation each day the provider continues to violate the law or
47	43		rule;
48	44		(6) ensure standard and consistent application of
49	45		administrative penalties throughout the state; and
50	46		(7) provide for an administrative appeals process to
51	47		adjudicate claims and appeals relating to the imposition of an
52	48		administrative penalty under this section that is in accordance
53	49		with Chapter 2001, Government Code.
54	50		(d) In specifying the types of violations that warrant
55	51		imposition of an administrative penalty under Subsection (c), the
56	52		executive commissioner shall specify the types of minor violations
57	53		that allow a provider an opportunity to take corrective action
58	54		before a penalty is imposed.
59	55		(e) In establishing the schedule of progressive
60	56		administrative penalties and penalty amounts under Subsection (c),
61	57		the executive commissioner must consider:
62	58		(1) the seriousness of a violation, including:
63	59		(A) the nature, circumstances, extent, and
64	60		gravity of the violation; and
65	61		(B) the hazard to the health or safety of
66	62		recipients resulting from the violation;
67	63		(2) the provider's history of previous violations;
68	64		(3) whether the provider:
69	65		(A) had prior knowledge of the violation,
70	66		including whether the provider identified the violation through the
71	67		provider's internal quality assurance process; and
72	68		(B) made any efforts to mitigate or correct the
73	69		identified violation;
74	70		(4) the penalty amount necessary to deter future
75	71		violations; and
76	72		(5) any other matter justice may require.
77	73		(f) In lieu of imposing an administrative penalty under this
78	74		section, the department shall allow a provider found to have
79	75		committed a minor violation specified by rule in accordance with
80	76		Subsection (d) to have a reasonable period of time that is not less
81	77		than 45 days after the date the department sends notice to the
82	78		provider of the violation to take corrective action regarding the
83	79		violation. The department may not allow time for corrective action
84	80		for any violation that is not a minor violation.
85	81		SECTION 2. The Department of Aging and Disability Services
86	82		may impose an administrative penalty in accordance with Section
87	83		161.088, Human Resources Code, as added by this Act, only for
88	84		conduct that occurs on or after the effective date of this Act.
89	85		SECTION 3. If before implementing any provision of this Act
90	86		a state agency determines that a waiver or authorization from a
91	87		federal agency is necessary for implementation of that provision,
92	88		the agency affected by the provision shall request the waiver or
93	89		authorization and may delay implementing that provision until the
94	90		waiver or authorization is granted.
95	91		SECTION 4. This Act takes effect September 1, 2015.
	92	+	______________________________ ______________________________
	93	+	President of the Senate Speaker of the House
	94	+	I hereby certify that S.B. No. 1385 passed the Senate on
	95	+	April 20, 2015, by the following vote: Yeas 30, Nays 0; and that
	96	+	the Senate concurred in House amendment on May 28, 2015, by the
	97	+	following vote: Yeas 30, Nays 1.
	98	+	______________________________
	99	+	Secretary of the Senate
	100	+	I hereby certify that S.B. No. 1385 passed the House, with
	101	+	amendment, on May 22, 2015, by the following vote: Yeas 140,
	102	+	Nays 0, two present not voting.
	103	+	______________________________
	104	+	Chief Clerk of the House
	105	+	Approved:
	106	+	______________________________
	107	+	Date
	108	+	______________________________
	109	+	Governor