Texas 2019 - 86th Regular

Texas House Bill HB117 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R613 AJZ-F
2	2	By: Raymond H.B. No. 117
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to inspection procedures in certain long-term care
8	8	facilities and the creation of a long-term care legislative
9	9	oversight committee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 247.027, Health and Safety Code, is
12	12	amended by adding Subsections (c), (d), and (e) to read as follows:
13	13	(c) If a commission employee who conducts an inspection of
14	14	an assisted living facility is a health care professional licensed
15	15	in this state, an officer or employee of the facility may require
16	16	the commission employee to provide proof of licensure before the
17	17	commission employee conducts the inspection.
18	18	(d) The commission employee shall include on the
19	19	commission's inspection checklist:
20	20	(1) a brief description of the evidence supporting a
21	21	finding that a violation occurred; and
22	22	(2) the name and title of the person who found each
23	23	violation.
24	24	(e) The executive commissioner shall adopt rules to ensure
25	25	that among the community services regions the commission uniformly
26	26	administers inspections and consistently interprets and enforces
27	27	the rules and laws regulating assisted living facilities. The
28	28	executive commissioner shall prepare and deliver a semiannual
29	29	progress report on uniform administration, interpretation, and
30	30	enforcement to the commission and the appropriate health and human
31	31	services legislative standing committees.
32	32	SECTION 2. Section 247.0271, Health and Safety Code, is
33	33	amended by adding Subsections (c-1) and (e) to read as follows:
34	34	(c-1) The inspector may not conduct an additional
35	35	inspection during an additional exit conference. The inspector may
36	36	not use an additional exit conference to retaliate against an
37	37	assisted living facility for:
38	38	(1) filing a complaint against the commission or the
39	39	inspector regarding an inspection; or
40	40	(2) requesting an administrative hearing to contest a
41	41	finding that a violation occurred.
42	42	(e) The inspector may not require an assisted living
43	43	facility, through an inspection or the final official statement of
44	44	violations, to take any action that conflicts with a written order
45	45	of a physician. A facility in the facility's plan of correction
46	46	shall provide evidence that the statement of violations conflicts
47	47	with the physician's written order. A facility is not required to
48	48	correct a violation that conflicts with the physician's written
49	49	order.
50	50	SECTION 3. Section 252.040, Health and Safety Code, is
51	51	amended by amending Subsection (i) and adding Subsections (j) and
52	52	(k) to read as follows:
53	53	(i) The commission [department] shall have specialized
54	54	staff conduct inspections, surveys, or investigations of
55	55	facilities under this section. If a commission employee who
56	56	conducts an inspection, survey, or investigation of a facility is a
57	57	health care professional licensed in this state, an officer or
58	58	employee of the facility may require the commission employee to
59	59	provide proof of licensure before the commission employee conducts
60	60	the inspection, survey, or investigation.
61	61	(j) The commission or the commission's representative shall
62	62	include on the commission's inspection form:
63	63	(1) a brief description of the evidence supporting a
64	64	finding that a violation occurred; and
65	65	(2) the name and title of the person who found each
66	66	violation.
67	67	(k) The executive commissioner shall adopt rules to ensure
68	68	that among the community services regions the commission uniformly
69	69	administers inspections, surveys, and investigations and
70	70	consistently interprets and enforces the rules and laws regulating
71	71	facilities licensed under this chapter. The executive commissioner
72	72	shall prepare and deliver a semiannual progress report on uniform
73	73	administration, interpretation, and enforcement to the commission
74	74	and the appropriate health and human services legislative standing
75	75	committees.
76	76	SECTION 4. Section 252.044, Health and Safety Code, is
77	77	amended by adding Subsections (b-1) and (d) to read as follows:
78	78	(b-1) The commission or the commission's representative may
79	79	not conduct an additional inspection, survey, or investigation
80	80	during an additional exit conference. The commission or the
81	81	commission's representative may not use an additional exit
82	82	conference to retaliate against a facility for:
83	83	(1) filing a complaint against the commission or the
84	84	commission's representative regarding an inspection, survey, or
85	85	investigation; or
86	86	(2) requesting an administrative hearing to contest a
87	87	finding that a violation occurred.
88	88	(d) The commission or the commission's representative may
89	89	not require a facility, through an inspection, survey, or
90	90	investigation or the final official statement of violations, to
91	91	take any action that conflicts with a written order of a physician.
92	92	A facility in the facility's plan to correct violations shall
93	93	provide evidence that the statement of violations conflicts with
94	94	the physician's written order. A facility is not required to
95	95	correct a violation that conflicts with the physician's written
96	96	order.
97	97	SECTION 5. Chapter 531, Government Code, is amended by
98	98	adding Subchapter E-1 to read as follows:
99	99	SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE
100	100	Sec. 531.181. DEFINITIONS. In this subchapter:
101	101	(1) "Committee" means the long-term care legislative
102	102	oversight committee.
103	103	(2) "Facility" means:
104	104	(A) a nursing facility licensed under Chapter
105	105	242, Health and Safety Code;
106	106	(B) an assisted living facility licensed under
107	107	Chapter 247, Health and Safety Code; and
108	108	(C) an intermediate care facility licensed under
109	109	Chapter 252, Health and Safety Code.
110	110	Sec. 531.182. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
111	111	(a) The committee is composed of:
112	112	(1) two members of the senate and one public member
113	113	appointed by the lieutenant governor; and
114	114	(2) two members of the house of representatives and
115	115	one public member appointed by the speaker of the house of
116	116	representatives.
117	117	(b) A member of the committee serves at the pleasure of the
118	118	appointing official.
119	119	(c) The lieutenant governor and the speaker of the house of
120	120	representatives shall appoint the presiding officer of the
121	121	committee on an alternating basis. The presiding officer shall
122	122	serve a two-year term expiring February 1 of each odd-numbered
123	123	year.
124	124	Sec. 531.183. COMMITTEE POWERS AND DUTIES. (a) The
125	125	committee shall:
126	126	(1) meet at the call of the presiding officer;
127	127	(2) receive, review, and comment on rules proposed by
128	128	the commission; and
129	129	(3) review recommendations for legislation proposed
130	130	by the commission or the attorney general relating to facilities.
131	131	(b) The committee may hear a facility's complaint regarding
132	132	an operational dispute and make a recommendation to the commission.
133	133	(c) The committee may issue process, in accordance with
134	134	Section 301.024, to compel the attendance of witnesses and the
135	135	production of books, records, documents, and instruments required
136	136	by the committee.
137	137	(d) The committee may monitor the effectiveness and
138	138	efficiency of the facility regulatory system of this state.
139	139	(e) The committee may propose legislation relating to
140	140	facilities.
141	141	(f) The committee may request reports and other information
142	142	from the commission and the attorney general relating to:
143	143	(1) the facility regulatory and enforcement system of
144	144	this state;
145	145	(2) the standards for including a facility in the STAR
146	146	+ PLUS Medicaid managed care program; and
147	147	(3) the effectiveness of the STAR + PLUS Medicaid
148	148	managed care program in reducing preventable acute care costs.
149	149	(g) The committee shall use the existing staff resources of
150	150	the senate and the house of representatives to assist the committee
151	151	in performing its duties under this section.
152	152	Sec. 531.184. REPORT. (a) The committee shall submit a
153	153	report to the governor, lieutenant governor, and speaker of the
154	154	house of representatives not later than November 15 of each
155	155	even-numbered year.
156	156	(b) The report must include:
157	157	(1) identification of significant problems in the
158	158	facility regulatory and enforcement system, with recommendations
159	159	for action;
160	160	(2) the effectiveness and efficiency of the facility
161	161	regulatory system of this state, with recommendations for action;
162	162	and
163	163	(3) recommendations for legislative action, if
164	164	necessary or appropriate.
165	165	Sec. 531.185. EXPIRATION. This subchapter expires
166	166	September 1, 2023.
167	167	SECTION 6. (a) As soon as practicable after the effective
168	168	date of this Act, the executive commissioner of the Health and Human
169	169	Services Commission shall adopt the rules necessary to implement
170	170	the changes in law made by this Act.
171	171	(b) Not later than December 1, 2019, the Health and Human
172	172	Services Commission shall modify inspection forms to conform to the
173	173	requirements of this Act.
174	174	(c) The changes in law made by this Act apply only to an
175	175	inspection, survey, or investigation conducted on or after January
176	176	1, 2020.
177	177	(d) As soon as practicable after the effective date of this
178	178	Act, the lieutenant governor and the speaker of the house of
179	179	representatives shall appoint members to the long-term care
180	180	legislative oversight committee as required by Subchapter E-1,
181	181	Chapter 531, Government Code, as added by this Act. The speaker of
182	182	the house of representatives shall appoint the first presiding
183	183	officer of the committee.
184	184	SECTION 7. This Act takes effect September 1, 2019.