| 1 | 1 | | 85R10818 KKR-F |
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| 2 | 2 | | By: Rose H.B. No. 3968 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to penalties assessed against certain long-term care |
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| 8 | 8 | | facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 242.0665(b), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Subsection (a) does not apply: |
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| 13 | 13 | | (1) to a violation that the department determines: |
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| 14 | 14 | | (A) results in serious harm to or death of a |
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| 15 | 15 | | resident; |
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| 16 | 16 | | (B) constitutes a serious threat to the health or |
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| 17 | 17 | | safety of a resident; or |
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| 18 | 18 | | (C) substantially limits the institution's |
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| 19 | 19 | | capacity to provide care; |
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| 20 | 20 | | (2) to a violation described by Sections |
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| 21 | 21 | | 242.066(a)(2)-(7); |
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| 22 | 22 | | (3) to a violation of Section 260A.014 or 260A.015; |
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| 23 | 23 | | [or] |
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| 24 | 24 | | (4) to a violation of a right of a resident adopted |
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| 25 | 25 | | under Subchapter L; or |
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| 26 | 26 | | (5) to a violation the department determines involves |
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| 27 | 27 | | the administration to a resident of one or more unnecessary |
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| 28 | 28 | | psychoactive medications, as defined by Section 242.505. |
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| 29 | 29 | | SECTION 2. Section 242.070, Health and Safety Code, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | Sec. 242.070. APPLICATION OF OTHER LAW. The department may |
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| 32 | 32 | | not assess more than one monetary penalty under this chapter and |
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| 33 | 33 | | Chapter 32, Human Resources Code, for a violation arising out of the |
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| 34 | 34 | | same act or failure to act, except as provided by Section |
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| 35 | 35 | | 242.0665(c) or for a violation described by Section 242.0665(b)(4) |
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| 36 | 36 | | or (5). The department may assess the greater of a monetary penalty |
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| 37 | 37 | | under this chapter or a monetary penalty under Chapter 32, Human |
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| 38 | 38 | | Resources Code, for the same act or failure to act. |
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| 39 | 39 | | SECTION 3. Sections 242.0665(b) and 242.070, Health and |
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| 40 | 40 | | Safety Code, as amended by this Act, apply only to conduct that |
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| 41 | 41 | | occurs on or after the effective date of this Act. Conduct that |
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| 42 | 42 | | occurs before the effective date of this Act is governed by the law |
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| 43 | 43 | | in effect on the date the conduct occurred, and the former law is |
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| 44 | 44 | | continued in effect for that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2017. |
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