85R8154 KKR-F
By: Kolkhorst S.B. No. 1562
A BILL TO BE ENTITLED
AN ACT
relating to enforcement for violations of duplicate state and
federal regulations by long-term facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.070, Health and Safety Code, is
amended to read as follows:
Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission
[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). The commission [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.
(b) The commission may not include in a final statement of
violations under Section 242.0445 or impose a monetary penalty or
other remedy authorized by this chapter for a violation if:
(1) the violation is related to an area of care subject
to the same standard under both federal certification and state
licensing requirements;
(2) the facility's act or omission constitutes a
violation of this chapter or a rule or standard adopted under this
chapter and a parallel federal law or regulation related to the
operation of the facility;
(3) the commission's written list of violations
provided under Section 242.0445 identifies the act or omission that
violates the parallel federal law or regulation; and
(4) the violation, as determined by the department
consistent with Section 242.0665, does not:
(A) result in serious harm to or death of a
resident; or
(B) constitute a serious threat to the health or
safety of a resident.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Section 242.070(b), Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2017.