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