By: Kolkhorst S.B. No. 914
(In the Senate - Filed March 3, 2015; March 9, 2015, read
first time and referred to Committee on Health and Human Services;
April 9, 2015, reported favorably by the following vote: Yeas 9,
Nays 0; April 9, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a council on long-term care facility surveys and
informal dispute resolution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Council" means the Long-Term Care Facility Survey
and Informal Dispute Resolution Council established under this Act.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Long-term care facility" means a facility subject
to regulation under Section 32.021(d), Human Resources Code, or
Chapter 242, 247, or 252, Health and Safety Code.
SECTION 2. COUNCIL ESTABLISHED; MEMBERSHIP; OFFICERS.
(a) Not later than December 1, 2015, the executive commissioner
shall establish a Long-Term Care Facility Survey and Informal
Dispute Resolution Council. The council is composed of the
following members appointed by the executive commissioner:
(1) two program managers from different Department of
Aging and Disability Services regions;
(2) one surveyor who has attained at least the level of
investigator IV;
(3) two members of an enforcement team from different
Department of Aging and Disability Services regions;
(4) three surveyors, each from a different Department
of Aging and Disability Services region, at least one of whom must
have a background in nursing, at least one of whom must have a
background in social work, and at least one of whom must have a
background in the provision of pharmacy services;
(5) one informal dispute resolution team leader;
(6) one informal dispute resolution reviewer;
(7) two owners or regional vice presidents of
operation who oversee multiple long-term care facilities;
(8) two regional quality assurance nurses who oversee
multiple long-term care facilities;
(9) two active long-term care facility
administrators; and
(10) two active long-term care facility directors of
nursing.
(b) The executive commissioner shall designate a member of
the council to serve as presiding officer. The members of the
council shall elect any other necessary officers.
(c) A member of the council serves at the will of the
executive commissioner.
SECTION 3. MEETINGS. The council shall meet at the call of
the executive commissioner.
SECTION 4. REIMBURSEMENT OR COMPENSATION NOT AUTHORIZED. A
member of the council is not entitled to reimbursement of expenses
or to compensation for service on the council.
SECTION 5. GIFTS OR GRANTS. The council may accept gifts
and grants from any source to be used to carry out a function of the
council.
SECTION 6. DUTIES OF COUNCIL. (a) The council shall study
and make recommendations regarding a consistent survey and informal
dispute resolution process for long-term care facilities.
(b) The council shall:
(1) study and make recommendations regarding best
practices and protocols to make survey, inspection, and informal
dispute resolution processes more efficient and less burdensome on
long-term care facilities; and
(2) recommend uniform standards for those processes.
SECTION 7. REPORT. Not later than January 1, 2017, the
council shall submit a report on the council's findings and
recommendations required by this Act to the executive commissioner,
the governor, the lieutenant governor, the speaker of the house of
representatives, and the chairs of the appropriate legislative
committees.
SECTION 8. APPLICATION OF CERTAIN LAW. Chapter 2110,
Government Code, does not apply to the council.
SECTION 9. EXPIRATION. This Act expires June 1, 2017.
SECTION 10. EFFECTIVE DATE. This Act takes effect
September 1, 2015.
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