TX
Texas House Bill HB3193

Texas 2019 - 86th Regular

Texas House Bill HB3193 Compare Versions

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1-H.B. No. 3193
1+By: Hinojosa, et al. H.B. No. 3193
2+ (Senate Sponsor - Johnson, Hinojosa, Schwertner)
3+ (In the Senate - Received from the House May 13, 2019;
4+ May 14, 2019, read first time and referred to Committee on Health &
5+ Human Services; May 20, 2019, reported adversely, with favorable
6+ Committee Substitute by the following vote: Yeas 9, Nays 0;
7+ May 20, 2019, sent to printer.)
8+Click here to see the committee vote
9+ COMMITTEE SUBSTITUTE FOR H.B. No. 3193 By: Perry
210
311
12+ A BILL TO BE ENTITLED
413 AN ACT
5- relating to the licensing of a home and community support services
6- agency; increasing fees.
14+ relating to the licensing of, the executive commissioner of the
15+ Health and Human Services Commission's duties with respect to, and
16+ the administrative penalties for home and community support
17+ services agencies.
718 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8- SECTION 1. Section 142.006(b), Health and Safety Code, is
9- amended to read as follows:
19+ SECTION 1. Sections 142.006(a), (b), and (c), Health and
20+ Safety Code, are amended to read as follows:
21+ (a) The commission [department] shall issue a home and
22+ community support services agency license to provide home health,
23+ hospice, habilitation, or personal assistance services for each
24+ place of business to an applicant if:
25+ (1) the applicant:
26+ (A) qualifies for the license to provide the type
27+ of service that is to be offered by the applicant;
28+ (B) submits an application and license fee as
29+ required by this chapter; and
30+ (C) complies with all applicable licensing
31+ standards required or adopted under this chapter; and
32+ (2) any controlling person with respect to the
33+ applicant complies with all applicable licensing standards
34+ required or adopted under this chapter.
1035 (b) A license issued under this chapter expires three [two]
1136 years after the date of issuance. The executive commissioner by
12- rule may adopt a system under which licenses expire on various dates
13- during the three-year [two-year] period. For the year in which a
14- license expiration date is changed, the commission [department]
15- shall prorate the license fee on a monthly basis. Each license
16- holder shall pay only that portion of the license fee allocable to
17- the number of months for which the license is valid. A license
18- holder shall pay the total license renewal fee at the time of
19- renewal. The commission [department] may issue an initial license
20- for a shorter term to conform expiration dates for a locality or an
21- applicant. The commission [department] may issue a temporary
22- license to an applicant for an initial license.
23- SECTION 2. Section 142.010(a), Health and Safety Code, is
24- amended to read as follows:
37+ rule shall [may] adopt a system under which licenses expire on
38+ staggered [various] dates during each three-year [the two-year]
39+ period. The commission shall prorate the license fee as
40+ appropriate if the expiration date of a license changes as a result
41+ of this subsection [For the year in which a license expiration date
42+ is changed, the department shall prorate the license fee on a
43+ monthly basis. Each license holder shall pay only that portion of
44+ the license fee allocable to the number of months for which the
45+ license is valid. A license holder shall pay the total license
46+ renewal fee at the time of renewal. The department may issue an
47+ initial license for a shorter term to conform expiration dates for a
48+ locality or an applicant. The department may issue a temporary
49+ license to an applicant for an initial license].
50+ (c) The commission [department] may find that a home and
51+ community support services agency has satisfied the requirements
52+ for licensing if the agency is accredited by an accreditation
53+ organization, such as The Joint Commission or the Community Health
54+ Accreditation Program, and the commission [department] finds that
55+ the accreditation organization has standards that meet or exceed
56+ the requirements for licensing under this chapter. A license fee is
57+ required of the home and community support services agency at the
58+ time of a license application.
59+ SECTION 2. Sections 142.010(a) and (b), Health and Safety
60+ Code, are amended to read as follows:
2561 (a) The executive commissioner by rule shall set license
2662 fees for home and community support services agencies in amounts
2763 that are reasonable to meet the costs of administering this
2864 chapter, except that the fees may not be less than $600 or more than
2965 $2,625 [$2,000] for a license to provide home health, hospice,
3066 habilitation, or personal assistance services.
31- SECTION 3. As soon as practicable after the effective date
32- of this Act, the executive commissioner of the Health and Human
67+ (b) The executive commissioner shall consider the size of
68+ the home and community support services agency, the number of
69+ clients served, the number of services provided, and the necessity
70+ for review of other accreditation documentation in determining the
71+ amount collected by the commission [department] for initial and
72+ renewal license fees.
73+ SECTION 3. Section 142.017, Health and Safety Code, is
74+ amended by amending Subsections (a), (b), (c), (e), (i), and (j) and
75+ adding Subsections (k) and (l) to read as follows:
76+ (a) The commission [department] may assess an
77+ administrative penalty against a person who violates:
78+ (1) this chapter or a rule adopted under this chapter;
79+ or
80+ (2) Section 102.001, Occupations Code, if the
81+ violation relates to the provision of home health, hospice,
82+ habilitation, or personal assistance services.
83+ (b) The penalty shall be not less than $100 or more than
84+ $1,000 for each violation, except that the penalty shall be not less
85+ than $100 or more than $5,000 for each violation that results in
86+ actual harm or that constitutes an immediate threat to the health or
87+ safety of a client. Each day of a violation that occurs before the
88+ day on which the person receives written notice of the violation
89+ from the commission [department] does not constitute a separate
90+ violation and shall be considered to be one violation. Each day of
91+ a continuing violation that occurs after the day on which the person
92+ receives written notice of the violation from the commission
93+ [department] constitutes a separate violation.
94+ (c) The executive commissioner by rule shall specify each
95+ violation for which the commission [department] may assess an
96+ administrative penalty. In determining which violations warrant
97+ penalties, the commission [department] shall consider:
98+ (1) the seriousness of the violation, including the
99+ nature, circumstances, extent, and gravity of the violation and the
100+ hazard of the violation to the health or safety of clients; and
101+ (2) whether the affected home and community support
102+ services agency had identified the violation as a part of its
103+ internal quality assurance process and had made appropriate
104+ progress on correction.
105+ (e) Except as provided by Subsection (j), the executive
106+ commissioner by rule shall provide the home and community support
107+ services agency with a reasonable period of time following the
108+ first day of a violation to correct the violation before the
109+ commission [department] assesses an administrative penalty if a
110+ plan of correction has been implemented.
111+ (i) The commission [department] may not assess an
112+ administrative penalty against a state agency.
113+ (j) The commission [department] may assess an
114+ administrative penalty without providing a reasonable period of
115+ time to a home and community support services [the] agency to
116+ correct the violation if the violation:
117+ (1) represents a pattern of violation that results in
118+ actual [serious] harm [or death];
119+ (2) is widespread in scope and results in actual harm;
120+ (3) is widespread in scope and constitutes a potential
121+ for actual harm;
122+ (4) [(2)] constitutes an immediate [a serious] threat
123+ to the health or safety of a client;
124+ (5) [(3)] substantially limits the agency's capacity
125+ to provide care;
126+ (6) [(4)] is a violation in which a person:
127+ (A) makes a false statement, that the person
128+ knows or should know is false, of a material fact:
129+ (i) on an application for issuance or
130+ renewal of a license or in an attachment to the application; or
131+ (ii) with respect to a matter under
132+ investigation by the commission [department];
133+ (B) refuses to allow a representative of the
134+ commission [department] to inspect a book, record, or file required
135+ to be maintained by an agency;
136+ (C) wilfully interferes with the work of a
137+ representative of the commission [department] or the enforcement of
138+ this chapter;
139+ (D) wilfully interferes with a representative of
140+ the commission [department] preserving evidence of a violation of
141+ this chapter or a rule, standard, or order adopted or license issued
142+ under this chapter;
143+ (E) fails to pay a penalty assessed by the
144+ commission [department] under this chapter not later than the 10th
145+ day after the date the assessment of the penalty becomes final; or
146+ (F) fails to submit:
147+ (i) a plan of correction not later than the
148+ 10th day after the date the person receives a statement of licensing
149+ violations; or
150+ (ii) an acceptable plan of correction not
151+ later than the 30th day after the date the person receives
152+ notification from the commission [department] that the previously
153+ submitted plan of correction is not acceptable;
154+ (7) [(5)] is a violation of Section 142.0145; or
155+ (8) [(6)] involves the rights of the elderly under
156+ Chapter 102, Human Resources Code.
157+ (k) The commission shall develop and use a system to record
158+ and track the scope and severity of each violation of this chapter
159+ or a rule adopted under this chapter for the purpose of assessing an
160+ administrative penalty for the violation or taking some other
161+ enforcement action against the appropriate home and community
162+ support services agency to deter future violations. The system:
163+ (1) must be comparable to the system used by the
164+ Centers for Medicare and Medicaid Services to categorize the scope
165+ and severity of violations for nursing homes; and
166+ (2) may be modified, as appropriate, to reflect
167+ changes in industry practice or changes made to the system used by
168+ the Centers for Medicare and Medicaid Services.
169+ (l) In this section:
170+ (1) "Actual harm" means a negative outcome that
171+ compromises a client's physical, mental, or emotional well-being.
172+ (2) "Immediate threat to the health or safety of a
173+ client" means a situation that causes, or is likely to cause,
174+ serious injury, harm, or impairment to or the death of a client.
175+ (3) "Pattern of violation" means repeated, but not
176+ pervasive, failures of a home and community support services agency
177+ to comply with this chapter or a rule adopted under this chapter
178+ that:
179+ (A) result in a violation; and
180+ (B) are found throughout the services provided by
181+ the agency or that affect or involve the same clients or agency
182+ employees or volunteers.
183+ (4) "Widespread in scope" means a violation of this
184+ chapter or a rule adopted under this chapter that:
185+ (A) is pervasive throughout the services
186+ provided by the home and community support services agency; or
187+ (B) represents a systemic failure by the home and
188+ community support services agency that affects or has the potential
189+ to affect a large portion of or all of the clients of the agency.
190+ SECTION 4. As soon as practicable after the effective date
191+ of this Act and after consulting with appropriate interested
192+ persons, the executive commissioner of the Health and Human
33193 Services Commission shall adopt rules necessary to implement the
34194 changes in law made by this Act.
35- SECTION 4. This Act takes effect September 1, 2019.
36- ______________________________ ______________________________
37- President of the Senate Speaker of the House
38- I certify that H.B. No. 3193 was passed by the House on May
39- 10, 2019, by the following vote: Yeas 137, Nays 0, 2 present, not
40- voting; that the House refused to concur in Senate amendments to
41- H.B. No. 3193 on May 23, 2019, and requested the appointment of a
42- conference committee to consider the differences between the two
43- houses; and that the House adopted the conference committee report
44- on H.B. No. 3193 on May 26, 2019, by the following vote: Yeas 146,
45- Nays 0, 1 present, not voting.
46- ______________________________
47- Chief Clerk of the House
48- I certify that H.B. No. 3193 was passed by the Senate, with
49- amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
50- 0; at the request of the House, the Senate appointed a conference
51- committee to consider the differences between the two houses; and
52- that the Senate adopted the conference committee report on H.B. No.
53- 3193 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
54- ______________________________
55- Secretary of the Senate
56- APPROVED: __________________
57- Date
58- __________________
59- Governor
195+ SECTION 5. The changes in law made by this Act apply only to
196+ actions taken by the Health and Human Services Commission and
197+ license holders under Chapter 142, Health and Safety Code, on or
198+ after the effective date of this Act. An action taken before the
199+ effective date of this Act is governed by the law in effect at that
200+ time, and the former law is continued in effect for that purpose.
201+ SECTION 6. This Act takes effect September 1, 2019.
202+ * * * * *