Texas 2017 - 85th Regular

Texas House Bill HB3533 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R25560 AJZ-F
2	2		By: Raymond H.B. No. 3533
	3	+	Substitute the following for H.B. No. 3533:
	4	+	By: Miller C.S.H.B. No. 3533
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to inspection procedures in certain long-term care
8	10		facilities and the creation of a long-term care legislative
9	11		oversight committee.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 247.027, Health and Safety Code, is
12	14		amended by adding Subsections (c), (d), and (e) to read as follows:
13	15		(c) If a commission employee who conducts an inspection of
14	16		an assisted living facility is a health care professional licensed
15	17		in this state, an officer or employee of the facility may require
16	18		the commission employee to provide proof of licensure before the
17	19		commission employee conducts the inspection.
18	20		(d) The commission employee shall include on the
19	21		commission's inspection checklist:
20	22		(1) a brief description of the evidence that supports
21	23		a finding that a violation occurred; and
22	24		(2) the name and title of the person who found each
23	25		violation.
24	26		(e) The executive commissioner shall adopt rules to ensure
25	27		that among the community services regions the commission uniformly
26	28		administers inspections and consistently interprets and enforces
27	29		the rules and laws regulating the assisted living facilities. The
28	30		executive commissioner shall prepare and deliver a semiannual
29	31		progress report on uniform administration, interpretation, and
30	32		enforcement to the commission and the appropriate health and human
31	33		services legislative standing committees.
32	34		SECTION 2. Section 247.0271, Health and Safety Code, is
33	35		amended by adding Subsections (c-1) and (e) to read as follows:
34	36		(c-1) The inspector may not conduct an additional
35	37		inspection during an additional exit conference. The inspector may
36	38		not use an additional exit conference to retaliate against an
37	39		assisted living facility for:
38	40		(1) filing a complaint against the commission or the
39	41		inspector regarding an inspection; or
40	42		(2) requesting an administrative hearing to contest a
41	43		finding of a violation of this chapter.
42	44		(e) The inspector may not require an assisted living
43	45		facility, through an inspection or the final official statement of
44	46		violations, to take any action that conflicts with a written order
45	47		of a physician. A facility shall provide evidence that the
46	48		statement of violations conflicts with a written order of a
47	49		physician in the facility's plan of correction. A facility is not
48	50		required to correct a violation that conflicts with the written
49	51		orders of a physician.
50	52		SECTION 3. Section 252.040, Health and Safety Code, is
51	53		amended by amending Subsection (i) and adding Subsections (j) and
52	54		(k) to read as follows:
53	55		(i) The commission [department] shall have specialized
54	56		staff conduct inspections, surveys, or investigations of
55	57		facilities under this section. If a commission employee who
56	58		conducts an inspection, survey, or investigation of a facility is a
57	59		health care professional licensed in this state, an officer or
58	60		employee of the facility may require the commission employee to
59	61		provide proof of licensure before the commission employee conducts
60	62		the inspection, survey, or investigation.
61	63		(j) The commission or the commission's representative shall
62	64		include on the commission's inspection form:
63	65		(1) a brief description of the evidence that supports
64	66		a finding that a violation occurred; and
65	67		(2) the name and title of the person who found each
66	68		violation.
67	69		(k) The executive commissioner shall adopt rules to ensure
68	70		that among the community services regions the commission uniformly
69	71		administers inspections, surveys, and investigations and
70	72		consistently interprets and enforces the rules and laws regulating
71	73		the facilities licensed under this chapter. The executive
72	74		commissioner shall prepare and deliver a semiannual progress report
73	75		on uniform administration, interpretation, and enforcement to the
74	76		commission and the appropriate health and human services
75	77		legislative standing committees.
76	78		SECTION 4. Section 252.044, Health and Safety Code, is
77	79		amended by adding Subsections (b-1) and (d) to read as follows:
78	80		(b-1) The commission or the commission's representative may
79	81		not conduct an additional inspection, survey, or investigation
80	82		during an additional exit conference. The commission or the
81	83		commission's representative may not use an additional exit
82	84		conference to retaliate against a facility for:
83	85		(1) filing a complaint against the commission or the
84	86		commission's representative regarding an inspection, survey, or
85	87		investigation; or
86	88		(2) requesting an administrative hearing to contest a
87	89		finding of a violation of this chapter.
88	90		(d) The commission or the commission's representative may
89	91		not require a facility, through an inspection, survey, or
90	92		investigation or the final official statement of violations, to
91	93		take any action that conflicts with a written order of a physician.
92	94		A facility shall provide evidence that the statement of violations
93	95		conflicts with a written order of a physician in the facility's plan
94	96		to correct violations. A facility is not required to correct a
95	97		violation that conflicts with the written orders of a physician.
96	98		SECTION 5. Chapter 161, Human Resources Code, is amended by
97	99		adding Subchapter J to read as follows:
98	100		SUBCHAPTER J. LEGISLATIVE OVERSIGHT COMMITTEE
99	101		Sec. 161.401. DEFINITIONS. In this subchapter:
100	102		(1) "Committee" means the long-term care legislative
101	103		oversight committee.
102	104		(2) "Facility" means:
103	105		(A) an institution licensed under Chapter 242,
104	106		Health and Safety Code;
105	107		(B) an assisted living facility licensed under
106	108		Chapter 247, Health and Safety Code; and
107	109		(C) an intermediate care facility licensed under
108	110		Chapter 252, Health and Safety Code.
109	111		Sec. 161.402. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
110	112		(a) The committee is composed of:
111	113		(1) two members of the senate and one public member
112	114		appointed by the lieutenant governor; and
113	115		(2) two members of the house of representatives and
114	116		one public member appointed by the speaker of the house of
115	117		representatives.
116	118		(b) A member of the committee serves at the pleasure of the
117	119		appointing official.
118	120		(c) The lieutenant governor and the speaker of the house of
119	121		representatives shall appoint the presiding officer of the
120	122		committee on an alternating basis. The presiding officer shall
121	123		serve a two-year term expiring February 1 of each odd-numbered
122	124		year.
123	125		Sec. 161.403. COMMITTEE POWERS AND DUTIES. (a) The
124	126		committee shall:
125	127		(1) meet at the call of the presiding officer;
126	128		(2) receive, review, and comment on rules proposed by
127	129		the commission; and
128	130		(3) review recommendations for legislation proposed
129	131		by the commission or the attorney general relating to facilities.
130	132		(b) The committee may hear a facility's complaint regarding
131	133		an operational dispute and make a recommendation to the commission.
132	134		(c) The committee may issue process, in accordance with
133	135		Section 301.024, Government Code, to compel the attendance of
134	136		witnesses and the production of books, records, documents, and
135	137		instruments required by the committee.
136	138		(d) The committee may monitor the effectiveness and
137	139		efficiency of the facility regulatory system of this state.
138	140		(e) The committee may propose legislation relating to
139	141		facilities.
140	142		(f) The committee may request reports and other information
141	143		from the commission and the attorney general relating to:
142	144		(1) the facility regulatory and enforcement system of
143	145		this state;
144	146		(2) the standards for including a facility in the STAR
145	147		+ PLUS Medicaid managed care program; and
146	148		(3) the effectiveness of the STAR + PLUS Medicaid
147	149		managed care program in reducing preventable acute care costs.
148	150		(g) The committee shall use the existing staff resources of
149	151		the senate and the house of representatives to assist the committee
150	152		in performing its duties under this section.
151	153		Sec. 161.404. REPORT. (a) The committee shall submit a
152	154		report to the governor, lieutenant governor, and speaker of the
153	155		house of representatives not later than November 15 of each
154	156		even-numbered year.
155	157		(b) The report must include:
156	158		(1) identification of significant problems in the
157	159		facility regulatory and enforcement system, with recommendations
158	160		for action;
159	161		(2) the effectiveness and efficiency of the facility
160	162		regulatory system of this state, with recommendations for action;
161	163		and
162	164		(3) recommendations for legislative action, if
163	165		necessary or appropriate.
164	166		Sec. 161.405. EXPIRATION. This subchapter expires
165	167		September 1, 2021.
166	168		SECTION 6. (a) As soon as practicable after the effective
167	169		date of this Act, the executive commissioner of the Health and Human
168	170		Services Commission shall adopt the rules necessary to implement
169	171		the changes in law made by this Act.
170	172		(b) Not later than December 1, 2017, the Health and Human
171	173		Services Commission shall modify inspection forms to conform to the
172	174		requirements of this Act.
173	175		(c) The changes in law made by this Act apply only to an
174	176		inspection, survey, or investigation conducted on or after January
175	177		1, 2018.
176	178		(d) As soon as practicable after the effective date of this
177	179		Act, the lieutenant governor and the speaker of the house of
178	180		representatives shall appoint members to the long-term care
179	181		legislative oversight committee as required by Subchapter J,
180	182		Chapter 161, Human Resources Code, as added by this Act. The
181	183		speaker of the house of representatives shall appoint the first
182	184		presiding officer of the committee.
183	185		SECTION 7. This Act takes effect September 1, 2017.