| 1 | 1 | | 85R8154 KKR-F |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1562 |
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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 enforcement for violations of duplicate state and |
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| 8 | 8 | | federal regulations by long-term 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 242.070, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission |
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| 13 | 13 | | [department] may not assess more than one monetary penalty under |
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| 14 | 14 | | this chapter and Chapter 32, Human Resources Code, for a violation |
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| 15 | 15 | | arising out of the same act or failure to act, except as provided by |
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| 16 | 16 | | Section 242.0665(c). The commission [department] may assess the |
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| 17 | 17 | | greater of a monetary penalty under this chapter or a monetary |
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| 18 | 18 | | penalty under Chapter 32, Human Resources Code, for the same act or |
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| 19 | 19 | | failure to act. |
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| 20 | 20 | | (b) The commission may not include in a final statement of |
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| 21 | 21 | | violations under Section 242.0445 or impose a monetary penalty or |
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| 22 | 22 | | other remedy authorized by this chapter for a violation if: |
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| 23 | 23 | | (1) the violation is related to an area of care subject |
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| 24 | 24 | | to the same standard under both federal certification and state |
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| 25 | 25 | | licensing requirements; |
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| 26 | 26 | | (2) the facility's act or omission constitutes a |
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| 27 | 27 | | violation of this chapter or a rule or standard adopted under this |
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| 28 | 28 | | chapter and a parallel federal law or regulation related to the |
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| 29 | 29 | | operation of the facility; |
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| 30 | 30 | | (3) the commission's written list of violations |
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| 31 | 31 | | provided under Section 242.0445 identifies the act or omission that |
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| 32 | 32 | | violates the parallel federal law or regulation; and |
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| 33 | 33 | | (4) the violation, as determined by the department |
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| 34 | 34 | | consistent with Section 242.0665, does not: |
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| 35 | 35 | | (A) result in serious harm to or death of a |
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| 36 | 36 | | resident; or |
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| 37 | 37 | | (B) constitute a serious threat to the health or |
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| 38 | 38 | | safety of a resident. |
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| 39 | 39 | | SECTION 2. As soon as practicable after the effective date |
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| 40 | 40 | | of this Act, the executive commissioner of the Health and Human |
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| 41 | 41 | | Services Commission shall adopt rules necessary to implement |
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| 42 | 42 | | Section 242.070(b), Health and Safety Code, as added by this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2017. |
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