| 1 | 1 | | 86R11815 JG-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 2285 |
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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 administrative penalties assessed against certain |
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| 8 | 8 | | nursing facilities for the improper discharge or transfer of a |
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| 9 | 9 | | resident. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 242, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 242.0661 to read as follows: |
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| 13 | 13 | | Sec. 242.0661. ADMINISTRATIVE PENALTY FOR IMPROPER |
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| 14 | 14 | | DISCHARGE OR TRANSFER OF RESIDENT. (a) The commission shall assess |
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| 15 | 15 | | an administrative penalty under this section against a |
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| 16 | 16 | | Medicaid-certified nursing facility that discharges or transfers a |
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| 17 | 17 | | resident from the facility in violation of: |
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| 18 | 18 | | (1) a rule related to the improper discharge or |
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| 19 | 19 | | transfer of a resident from a facility or to the return of a |
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| 20 | 20 | | resident to a facility following hospitalization; or |
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| 21 | 21 | | (2) a hearing officer's fair hearing decision. |
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| 22 | 22 | | (b) A penalty described by Subsection (a) must be assessed |
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| 23 | 23 | | in the following graduated amounts: |
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| 24 | 24 | | (1) $2,000 for each day of a continuing violation |
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| 25 | 25 | | during the first seven consecutive days; |
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| 26 | 26 | | (2) $4,000 for each day of a continuing violation |
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| 27 | 27 | | during the second seven consecutive days; and |
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| 28 | 28 | | (3) $6,000 for each day of a continuing violation |
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| 29 | 29 | | after the first 14 consecutive days. |
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| 30 | 30 | | (c) For purposes of assessing a violation under this |
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| 31 | 31 | | section, the first day of a violation is the date the violation is |
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| 32 | 32 | | cited at an exit conference following a survey, inspection, or |
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| 33 | 33 | | investigation. |
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| 34 | 34 | | (d) Section 242.0665 does not apply to a penalty assessed |
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| 35 | 35 | | under Subsection (b)(2) or (3). |
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| 36 | 36 | | (e) The commission shall order a nursing facility that is |
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| 37 | 37 | | assessed a penalty under Subsection (b)(3) to immediately suspend |
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| 38 | 38 | | admissions until the facility corrects the violation or complies |
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| 39 | 39 | | with a hearing officer's fair hearing decision regarding the |
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| 40 | 40 | | discharged or transferred resident. |
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| 41 | 41 | | SECTION 2. Section 242.0661, Health and Safety Code, as |
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| 42 | 42 | | added by this Act, applies only to actions taken by the Health and |
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| 43 | 43 | | Human Services Commission and license holders under Chapter 242, |
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| 44 | 44 | | Health and Safety Code, on or after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2019. |
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