6 | 4 | | AN ACT |
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7 | 5 | | relating to a council on long-term care facility surveys and |
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8 | 6 | | informal dispute resolution. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. DEFINITIONS. In this Act: |
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11 | 9 | | (1) "Council" means the Long-Term Care Facility Survey |
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12 | 10 | | and Informal Dispute Resolution Council established under this Act. |
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13 | 11 | | (2) "Executive commissioner" means the executive |
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14 | 12 | | commissioner of the Health and Human Services Commission. |
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15 | 13 | | (3) "Long-term care facility" means a facility subject |
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16 | 14 | | to regulation under Section 32.021(d), Human Resources Code, or |
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17 | 15 | | Chapter 242, 247, or 252, Health and Safety Code. |
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18 | 16 | | SECTION 2. COUNCIL ESTABLISHED; MEMBERSHIP; OFFICERS. |
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19 | 17 | | (a) Not later than December 1, 2015, the executive commissioner |
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20 | 18 | | shall establish a Long-Term Care Facility Survey and Informal |
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21 | 19 | | Dispute Resolution Council. The council is composed of the |
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22 | 20 | | following members appointed by the executive commissioner: |
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23 | 21 | | (1) two program managers from different Department of |
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24 | 22 | | Aging and Disability Services regions; |
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25 | 23 | | (2) one surveyor who has attained at least the level of |
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26 | 24 | | investigator IV; |
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27 | 25 | | (3) two members of an enforcement team from different |
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28 | 26 | | Department of Aging and Disability Services regions; |
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29 | 27 | | (4) three surveyors, each from a different Department |
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30 | 28 | | of Aging and Disability Services region, at least one of whom must |
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31 | 29 | | have a background in nursing, at least one of whom must have a |
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32 | 30 | | background in social work, and at least one of whom must have a |
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33 | 31 | | background in the provision of pharmacy services; |
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34 | 32 | | (5) one informal dispute resolution team leader; |
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35 | 33 | | (6) one informal dispute resolution reviewer; |
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36 | 34 | | (7) two owners or regional vice presidents of |
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37 | 35 | | operation who oversee multiple long-term care facilities; |
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38 | 36 | | (8) two regional quality assurance nurses who oversee |
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39 | 37 | | multiple long-term care facilities; |
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40 | 38 | | (9) two active long-term care facility |
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41 | 39 | | administrators; and |
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42 | 40 | | (10) two active long-term care facility directors of |
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43 | 41 | | nursing. |
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44 | 42 | | (b) The executive commissioner shall designate a member of |
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45 | 43 | | the council to serve as presiding officer. The members of the |
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46 | 44 | | council shall elect any other necessary officers. |
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47 | 45 | | (c) A member of the council serves at the will of the |
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48 | 46 | | executive commissioner. |
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49 | 47 | | SECTION 3. MEETINGS. The council shall meet at the call of |
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50 | 48 | | the executive commissioner. |
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51 | 49 | | SECTION 4. REIMBURSEMENT OR COMPENSATION NOT AUTHORIZED. A |
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52 | 50 | | member of the council is not entitled to reimbursement of expenses |
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53 | 51 | | or to compensation for service on the council. |
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54 | 52 | | SECTION 5. GIFTS OR GRANTS. The council may accept gifts |
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55 | 53 | | and grants from any source to be used to carry out a function of the |
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56 | 54 | | council. |
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57 | 55 | | SECTION 6. DUTIES OF COUNCIL. (a) The council shall study |
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58 | 56 | | and make recommendations regarding a consistent survey and informal |
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59 | 57 | | dispute resolution process for long-term care facilities. |
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60 | 58 | | (b) The council shall: |
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61 | 59 | | (1) study and make recommendations regarding best |
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62 | 60 | | practices and protocols to make survey, inspection, and informal |
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63 | 61 | | dispute resolution processes more efficient and less burdensome on |
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64 | 62 | | long-term care facilities; and |
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65 | 63 | | (2) recommend uniform standards for those processes. |
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66 | 64 | | SECTION 7. REPORT. Not later than January 1, 2017, the |
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67 | 65 | | council shall submit a report on the council's findings and |
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68 | 66 | | recommendations required by this Act to the executive commissioner, |
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69 | 67 | | the governor, the lieutenant governor, the speaker of the house of |
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70 | 68 | | representatives, and the chairs of the appropriate legislative |
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71 | 69 | | committees. |
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72 | 70 | | SECTION 8. APPLICATION OF CERTAIN LAW. Chapter 2110, |
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73 | 71 | | Government Code, does not apply to the council. |
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74 | 72 | | SECTION 9. EXPIRATION. This Act expires June 1, 2017. |
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75 | 73 | | SECTION 10. EFFECTIVE DATE. This Act takes effect |
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76 | 74 | | September 1, 2015. |
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