86R11815 JG-D
By: Davis of Harris H.B. No. 2285
A BILL TO BE ENTITLED
AN ACT
relating to administrative penalties assessed against certain
nursing facilities for the improper discharge or transfer of a
resident.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0661 to read as follows:
Sec. 242.0661. ADMINISTRATIVE PENALTY FOR IMPROPER
DISCHARGE OR TRANSFER OF RESIDENT. (a) The commission shall assess
an administrative penalty under this section against a
Medicaid-certified nursing facility that discharges or transfers a
resident from the facility in violation of:
(1) a rule related to the improper discharge or
transfer of a resident from a facility or to the return of a
resident to a facility following hospitalization; or
(2) a hearing officer's fair hearing decision.
(b) A penalty described by Subsection (a) must be assessed
in the following graduated amounts:
(1) $2,000 for each day of a continuing violation
during the first seven consecutive days;
(2) $4,000 for each day of a continuing violation
during the second seven consecutive days; and
(3) $6,000 for each day of a continuing violation
after the first 14 consecutive days.
(c) For purposes of assessing a violation under this
section, the first day of a violation is the date the violation is
cited at an exit conference following a survey, inspection, or
investigation.
(d) Section 242.0665 does not apply to a penalty assessed
under Subsection (b)(2) or (3).
(e) The commission shall order a nursing facility that is
assessed a penalty under Subsection (b)(3) to immediately suspend
admissions until the facility corrects the violation or complies
with a hearing officer's fair hearing decision regarding the
discharged or transferred resident.
SECTION 2. Section 242.0661, Health and Safety Code, as
added by this Act, applies only to actions taken by the Health and
Human Services Commission and license holders under Chapter 242,
Health and Safety Code, on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.