Texas 2017 - 85th Regular

Texas Senate Bill SB924 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R24143 DMS-D
2		-	By: Perry S.B. No. 924
3		-	(Klick)
4		-	Substitute the following for S.B. No. 924: No.
	1	+	S.B. No. 924
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to informal dispute resolutions for violations of health
10	6		and safety standards at certain long-term care facilities;
11	7		authorizing the imposition of costs.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Section 247.051, Health and Safety Code, is
14	10		amended by amending Subsections (a), (c), and (d) and adding
15	11		Subsection (e) to read as follows:
16	12		(a) The executive commissioner by rule shall establish an
17	13		informal dispute resolution process to address disputes between an
18	14		assisted living [a] facility and the commission [department]
19	15		concerning a statement of violations prepared by the commission
20	16		[department] in accordance with this section. The process must
21	17		provide for adjudication by an appropriate disinterested person of
22	18		disputes relating to a statement of violations. The informal
23	19		dispute resolution process must require:
24	20		(1) the assisted living facility to request informal
25	21		dispute resolution not later than the 10th day after the date of
26	22		notification by the commission [department] of the violation of a
27	23		standard or standards;
28	24		(2) that the [commission to complete the] process be
29	25		completed not later than the 90th day after the date of receipt of a
30	26		request from the assisted living facility for informal dispute
31	27		resolution;
32	28		(3) that, not later than the 20th [10th] business day
33	29		after the date an assisted living facility requests an informal
34	30		dispute resolution, the commission [department] forward to the
35	31		assisted living facility a copy of all information referenced [that
36	32		is referred to] in the disputed statement of violations or on which
37	33		a citation is based in connection with the survey, inspection,
38	34		investigation, or other visit, including any notes taken by or
39	35		e-mails or messages sent by a commission employee involved with the
40	36		survey, inspection, investigation, or other visit and excluding the
41	37		following information:
42	38		(A) the name of any complainant, witness, or
43	39		informant, which must be redacted from information provided to the
44	40		assisted living facility;
45	41		(B) any information that would reasonably lead to
46	42		the identification of a complainant, witness, or informant, which
47	43		must be redacted from information provided to the assisted living
48	44		facility;
49	45		(C) information obtained from or contained in the
50	46		records of the facility;
51	47		(D) information that is publicly available; or
52	48		(E) information that is confidential by law;
53	49		(4) that [the commission to give] full consideration
54	50		is given to all factual arguments raised during the informal
55	51		dispute resolution process [that:
56	52		[(A) are supported by references to specific
57	53		information that the facility or department relies on to dispute or
58	54		support findings in the statement of violations; and
59	55		[(B) are provided by the proponent of the
60	56		argument to the commission and the opposing party];
61	57		(5) that full consideration is given during the
62	58		informal dispute resolution process [staff give full
63	59		consideration] to the information provided by the assisted living
64	60		facility and the commission [department];
65	61		(6) that ex parte communications concerning the
66	62		substance of any argument relating to a survey, inspection,
67	63		investigation, visit, or statement of violations under
68	64		consideration not occur between the informal dispute resolution
69	65		staff and the assisted living facility or the commission
70	66		[department]; [and]
71	67		(7) that the assisted living facility and the
72	68		commission [department] be given a reasonable opportunity to submit
73	69		arguments and information supporting the position of the assisted
74	70		living facility or the commission [department] and to respond to
75	71		arguments and information presented against them, provided the
76	72		assisted living facility submits its arguments and supporting
77	73		information not later than the 10th business day after the date of
78	74		receipt of the materials provided under Subdivision (3); and
79	75		(8) that the commission bears the burden of proving
80	76		the violation of a standard or standards.
81	77		(c) An assisted living facility requesting an informal
82	78		dispute resolution under this section must reimburse the commission
83	79		[department] for any costs associated with the commission's
84	80		[department's] preparation, copying, and delivery of information
85	81		requested by the facility.
86	82		(d) A statement of violations prepared by the commission
87	83		[department] following a survey, inspection, investigation, or
88	84		visit is confidential pending the outcome of the informal dispute
89	85		resolution process. Information concerning the outcome of a
90	86		survey, inspection, investigation, or visit may be posted on any
91	87		website maintained by the commission [department] while the dispute
92	88		is pending if the posting clearly notes each finding that is in
93	89		dispute.
94	90		(e) The commission may charge and the assisted living
95	91		facility shall pay the reasonable costs associated with making the
96	92		redactions required by Subsections (a)(3)(A) and (B).
97	93		SECTION 2. Section 531.058, Government Code, is amended by
98	94		amending Subsections (a) and (a-1) and adding Subsection (d) to
99	95		read as follows:
100	96		(a) The executive commissioner by rule shall establish an
101	97		informal dispute resolution process in accordance with this
102	98		section. The process must provide for adjudication by an
103	99		appropriate disinterested person of disputes relating to a proposed
104	100		enforcement action or related proceeding of the commission under
105	101		Section 32.021(d), Human Resources Code, or [the Department of
106	102		Aging and Disability Services] under Chapter 242, 247, or 252,
107	103		Health and Safety Code. The informal dispute resolution process
108	104		must require:
109	105		(1) an institution or facility to request informal
110	106		dispute resolution not later than the 10th calendar day after
111	107		notification by the commission [or department, as applicable,] of
112	108		the violation of a standard or standards; and
113	109		(2) the completion of [commission to complete] the
114	110		process not later than:
115	111		(A) the 30th calendar day after receipt of a
116	112		request from an institution or facility, other than an assisted
117	113		living facility, for informal dispute resolution; or
118	114		(B) the 90th calendar day after receipt of a
119	115		request from an assisted living facility for informal dispute
120	116		resolution.
121	117		(a-1) As part of the informal dispute resolution process
122	118		established under this section, the commission shall contract with
123	119		an appropriate disinterested person [who is a nonprofit
124	120		organization] to adjudicate disputes between an institution or
125	121		facility licensed under Chapter 242, Health and Safety Code, or a
126	122		facility licensed under Chapter 247, Health and Safety Code, and
127	123		the commission [Department of Aging and Disability Services]
128	124		concerning a statement of violations prepared by the commission
129	125		[department] in connection with a survey conducted by the
130	126		commission [department] of the institution or facility. Section
131	127		2009.053 does not apply to the selection of an appropriate
132	128		disinterested person under this subsection. The person with whom
133	129		the commission contracts shall adjudicate all disputes described by
134	130		this subsection.
135	131		(d) The rules adopted by the executive commissioner under
136	132		Subsection (a) that relate to a dispute described by Section
137	133		247.051(a), Health and Safety Code, must incorporate the
138	134		requirements of Section 247.051, Health and Safety Code.
139	135		SECTION 3. This Act takes effect September 1, 2017.
	136	+	______________________________ ______________________________
	137	+	President of the Senate Speaker of the House
	138	+	I hereby certify that S.B. No. 924 passed the Senate on
	139	+	April 19, 2017, by the following vote: Yeas 31, Nays 0; and that
	140	+	the Senate concurred in House amendment on May 25, 2017, by the
	141	+	following vote: Yeas 31, Nays 0.
	142	+	______________________________
	143	+	Secretary of the Senate
	144	+	I hereby certify that S.B. No. 924 passed the House, with
	145	+	amendment, on May 19, 2017, by the following vote: Yeas 144,
	146	+	Nays 0, two present not voting.
	147	+	______________________________
	148	+	Chief Clerk of the House
	149	+	Approved:
	150	+	______________________________
	151	+	Date
	152	+	______________________________
	153	+	Governor