Texas 2017 - 85th Regular

Texas House Bill HB2116 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R24143 DMS-D
2	2	By: Klick H.B. No. 2116
3	3	Substitute the following for H.B. No. 2116:
4	4	By: Swanson C.S.H.B. No. 2116
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to informal dispute resolutions for violations of health
10	10	and safety standards at certain long-term care facilities;
11	11	authorizing the imposition of costs.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 247.051, Health and Safety Code, is
14	14	amended by amending Subsections (a), (c), and (d) and adding
15	15	Subsection (e) to read as follows:
16	16	(a) The executive commissioner by rule shall establish an
17	17	informal dispute resolution process to address disputes between an
18	18	assisted living [a] facility and the commission [department]
19	19	concerning a statement of violations prepared by the commission
20	20	[department] in accordance with this section. The process must
21	21	provide for adjudication by an appropriate disinterested person of
22	22	disputes relating to a statement of violations. The informal
23	23	dispute resolution process must require:
24	24	(1) the assisted living facility to request informal
25	25	dispute resolution not later than the 10th day after the date of
26	26	notification by the commission [department] of the violation of a
27	27	standard or standards;
28	28	(2) that the [commission to complete the] process be
29	29	completed not later than the 90th day after the date of receipt of a
30	30	request from the assisted living facility for informal dispute
31	31	resolution;
32	32	(3) that, not later than the 20th [10th] business day
33	33	after the date an assisted living facility requests an informal
34	34	dispute resolution, the commission [department] forward to the
35	35	assisted living facility a copy of all information referenced [that
36	36	is referred to] in the disputed statement of violations or on which
37	37	a citation is based in connection with the survey, inspection,
38	38	investigation, or other visit, including any notes taken by or
39	39	e-mails or messages sent by a commission employee involved with the
40	40	survey, inspection, investigation, or other visit and excluding the
41	41	following information:
42	42	(A) the name of any complainant, witness, or
43	43	informant, which must be redacted from information provided to the
44	44	assisted living facility;
45	45	(B) any information that would reasonably lead to
46	46	the identification of a complainant, witness, or informant, which
47	47	must be redacted from information provided to the assisted living
48	48	facility;
49	49	(C) information obtained from or contained in the
50	50	records of the facility;
51	51	(D) information that is publicly available; or
52	52	(E) information that is confidential by law;
53	53	(4) that [the commission to give] full consideration
54	54	is given to all factual arguments raised during the informal
55	55	dispute resolution process [that:
56	56	[(A) are supported by references to specific
57	57	information that the facility or department relies on to dispute or
58	58	support findings in the statement of violations; and
59	59	[(B) are provided by the proponent of the
60	60	argument to the commission and the opposing party];
61	61	(5) that full consideration is given during the
62	62	informal dispute resolution process [staff give full
63	63	consideration] to the information provided by the assisted living
64	64	facility and the commission [department];
65	65	(6) that ex parte communications concerning the
66	66	substance of any argument relating to a survey, inspection,
67	67	investigation, visit, or statement of violations under
68	68	consideration not occur between the informal dispute resolution
69	69	staff and the assisted living facility or the commission
70	70	[department]; [and]
71	71	(7) that the assisted living facility and the
72	72	commission [department] be given a reasonable opportunity to submit
73	73	arguments and information supporting the position of the assisted
74	74	living facility or the commission [department] and to respond to
75	75	arguments and information presented against them, provided the
76	76	assisted living facility submits its arguments and supporting
77	77	information not later than the 10th business day after the date of
78	78	receipt of the materials provided under Subdivision (3); and
79	79	(8) that the commission bears the burden of proving
80	80	the violation of a standard or standards.
81	81	(c) An assisted living facility requesting an informal
82	82	dispute resolution under this section must reimburse the commission
83	83	[department] for any costs associated with the commission's
84	84	[department's] preparation, copying, and delivery of information
85	85	requested by the facility.
86	86	(d) A statement of violations prepared by the commission
87	87	[department] following a survey, inspection, investigation, or
88	88	visit is confidential pending the outcome of the informal dispute
89	89	resolution process. Information concerning the outcome of a
90	90	survey, inspection, investigation, or visit may be posted on any
91	91	website maintained by the commission [department] while the dispute
92	92	is pending if the posting clearly notes each finding that is in
93	93	dispute.
94	94	(e) The commission may charge and the assisted living
95	95	facility shall pay the reasonable costs associated with making the
96	96	redactions required by Subsections (a)(3)(A) and (B).
97	97	SECTION 2. Section 531.058, Government Code, is amended by
98	98	amending Subsections (a) and (a-1) and adding Subsection (d) to
99	99	read as follows:
100	100	(a) The executive commissioner by rule shall establish an
101	101	informal dispute resolution process in accordance with this
102	102	section. The process must provide for adjudication by an
103	103	appropriate disinterested person of disputes relating to a proposed
104	104	enforcement action or related proceeding of the commission under
105	105	Section 32.021(d), Human Resources Code, or [the Department of
106	106	Aging and Disability Services] under Chapter 242, 247, or 252,
107	107	Health and Safety Code. The informal dispute resolution process
108	108	must require:
109	109	(1) an institution or facility to request informal
110	110	dispute resolution not later than the 10th calendar day after
111	111	notification by the commission [or department, as applicable,] of
112	112	the violation of a standard or standards; and
113	113	(2) the completion of [commission to complete] the
114	114	process not later than:
115	115	(A) the 30th calendar day after receipt of a
116	116	request from an institution or facility, other than an assisted
117	117	living facility, for informal dispute resolution; or
118	118	(B) the 90th calendar day after receipt of a
119	119	request from an assisted living facility for informal dispute
120	120	resolution.
121	121	(a-1) As part of the informal dispute resolution process
122	122	established under this section, the commission shall contract with
123	123	an appropriate disinterested person [who is a nonprofit
124	124	organization] to adjudicate disputes between an institution or
125	125	facility licensed under Chapter 242, Health and Safety Code, or a
126	126	facility licensed under Chapter 247, Health and Safety Code, and
127	127	the commission [Department of Aging and Disability Services]
128	128	concerning a statement of violations prepared by the commission
129	129	[department] in connection with a survey conducted by the
130	130	commission [department] of the institution or facility. Section
131	131	2009.053 does not apply to the selection of an appropriate
132	132	disinterested person under this subsection. The person with whom
133	133	the commission contracts shall adjudicate all disputes described by
134	134	this subsection.
135	135	(d) The rules adopted by the executive commissioner under
136	136	Subsection (a) that relate to a dispute described by Section
137	137	247.051(a), Health and Safety Code, must incorporate the
138	138	requirements of Section 247.051, Health and Safety Code.
139	139	SECTION 3. This Act takes effect September 1, 2017.