85R25560 AJZ-F
By: Raymond H.B. No. 3533
A BILL TO BE ENTITLED
AN ACT
relating to inspection procedures in certain long-term care
facilities and the creation of a long-term care legislative
oversight committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.027, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) If a commission employee who conducts an inspection of
an assisted living facility is a health care professional licensed
in this state, an officer or employee of the facility may require
the commission employee to provide proof of licensure before the
commission employee conducts the inspection.
(d) The commission employee shall include on the
commission's inspection checklist:
(1) a brief description of the evidence that supports
a finding that a violation occurred; and
(2) the name and title of the person who found each
violation.
(e) The executive commissioner shall adopt rules to ensure
that among the community services regions the commission uniformly
administers inspections and consistently interprets and enforces
the rules and laws regulating the assisted living facilities. The
executive commissioner shall prepare and deliver a semiannual
progress report on uniform administration, interpretation, and
enforcement to the commission and the appropriate health and human
services legislative standing committees.
SECTION 2. Section 247.0271, Health and Safety Code, is
amended by adding Subsections (c-1) and (e) to read as follows:
(c-1) The inspector may not conduct an additional
inspection during an additional exit conference. The inspector may
not use an additional exit conference to retaliate against an
assisted living facility for:
(1) filing a complaint against the commission or the
inspector regarding an inspection; or
(2) requesting an administrative hearing to contest a
finding of a violation of this chapter.
(e) The inspector may not require an assisted living
facility, through an inspection or the final official statement of
violations, to take any action that conflicts with a written order
of a physician. A facility shall provide evidence that the
statement of violations conflicts with a written order of a
physician in the facility's plan of correction. A facility is not
required to correct a violation that conflicts with the written
orders of a physician.
SECTION 3. Section 252.040, Health and Safety Code, is
amended by amending Subsection (i) and adding Subsections (j) and
(k) to read as follows:
(i) The commission [department] shall have specialized
staff conduct inspections, surveys, or investigations of
facilities under this section. If a commission employee who
conducts an inspection, survey, or investigation of a facility is a
health care professional licensed in this state, an officer or
employee of the facility may require the commission employee to
provide proof of licensure before the commission employee conducts
the inspection, survey, or investigation.
(j) The commission or the commission's representative shall
include on the commission's inspection form:
(1) a brief description of the evidence that supports
a finding that a violation occurred; and
(2) the name and title of the person who found each
violation.
(k) The executive commissioner shall adopt rules to ensure
that among the community services regions the commission uniformly
administers inspections, surveys, and investigations and
consistently interprets and enforces the rules and laws regulating
the facilities licensed under this chapter. The executive
commissioner shall prepare and deliver a semiannual progress report
on uniform administration, interpretation, and enforcement to the
commission and the appropriate health and human services
legislative standing committees.
SECTION 4. Section 252.044, Health and Safety Code, is
amended by adding Subsections (b-1) and (d) to read as follows:
(b-1) The commission or the commission's representative may
not conduct an additional inspection, survey, or investigation
during an additional exit conference. The commission or the
commission's representative may not use an additional exit
conference to retaliate against a facility for:
(1) filing a complaint against the commission or the
commission's representative regarding an inspection, survey, or
investigation; or
(2) requesting an administrative hearing to contest a
finding of a violation of this chapter.
(d) The commission or the commission's representative may
not require a facility, through an inspection, survey, or
investigation or the final official statement of violations, to
take any action that conflicts with a written order of a physician.
A facility shall provide evidence that the statement of violations
conflicts with a written order of a physician in the facility's plan
to correct violations. A facility is not required to correct a
violation that conflicts with the written orders of a physician.
SECTION 5. Chapter 161, Human Resources Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. LEGISLATIVE OVERSIGHT COMMITTEE
Sec. 161.401. DEFINITIONS. In this subchapter:
(1) "Committee" means the long-term care legislative
oversight committee.
(2) "Facility" means:
(A) an institution licensed under Chapter 242,
Health and Safety Code;
(B) an assisted living facility licensed under
Chapter 247, Health and Safety Code; and
(C) an intermediate care facility licensed under
Chapter 252, Health and Safety Code.
Sec. 161.402. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
(a) The committee is composed of:
(1) two members of the senate and one public member
appointed by the lieutenant governor; and
(2) two members of the house of representatives and
one public member appointed by the speaker of the house of
representatives.
(b) A member of the committee serves at the pleasure of the
appointing official.
(c) The lieutenant governor and the speaker of the house of
representatives shall appoint the presiding officer of the
committee on an alternating basis. The presiding officer shall
serve a two-year term expiring February 1 of each odd-numbered
year.
Sec. 161.403. COMMITTEE POWERS AND DUTIES. (a) The
committee shall:
(1) meet at the call of the presiding officer;
(2) receive, review, and comment on rules proposed by
the commission; and
(3) review recommendations for legislation proposed
by the commission or the attorney general relating to facilities.
(b) The committee may hear a facility's complaint regarding
an operational dispute and make a recommendation to the commission.
(c) The committee may issue process, in accordance with
Section 301.024, Government Code, to compel the attendance of
witnesses and the production of books, records, documents, and
instruments required by the committee.
(d) The committee may monitor the effectiveness and
efficiency of the facility regulatory system of this state.
(e) The committee may propose legislation relating to
facilities.
(f) The committee may request reports and other information
from the commission and the attorney general relating to:
(1) the facility regulatory and enforcement system of
this state;
(2) the standards for including a facility in the STAR
+ PLUS Medicaid managed care program; and
(3) the effectiveness of the STAR + PLUS Medicaid
managed care program in reducing preventable acute care costs.
(g) The committee shall use the existing staff resources of
the senate and the house of representatives to assist the committee
in performing its duties under this section.
Sec. 161.404. REPORT. (a) The committee shall submit a
report to the governor, lieutenant governor, and speaker of the
house of representatives not later than November 15 of each
even-numbered year.
(b) The report must include:
(1) identification of significant problems in the
facility regulatory and enforcement system, with recommendations
for action;
(2) the effectiveness and efficiency of the facility
regulatory system of this state, with recommendations for action;
and
(3) recommendations for legislative action, if
necessary or appropriate.
Sec. 161.405. EXPIRATION. This subchapter expires
September 1, 2021.
SECTION 6. (a) As soon as practicable after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the changes in law made by this Act.
(b) Not later than December 1, 2017, the Health and Human
Services Commission shall modify inspection forms to conform to the
requirements of this Act.
(c) The changes in law made by this Act apply only to an
inspection, survey, or investigation conducted on or after January
1, 2018.
(d) As soon as practicable after the effective date of this
Act, the lieutenant governor and the speaker of the house of
representatives shall appoint members to the long-term care
legislative oversight committee as required by Subchapter J,
Chapter 161, Human Resources Code, as added by this Act. The
speaker of the house of representatives shall appoint the first
presiding officer of the committee.
SECTION 7. This Act takes effect September 1, 2017.