Texas House Bill HB3803

Texas 2019 - 86th Regular

Caption

Relating to the maximum amount of an administrative penalty assessed on certain long-term care facilities.

Impact

This legislation potentially impacts the regulatory environment for long-term care facilities across Texas by clarifying the financial repercussions of regulatory violations. By establishing a clear penalty structure, it aims to ensure that penalties are consistent and predictable, which can benefit both facilities and regulatory agencies. It is also designed to ensure accountability in long-term care management, ultimately improving the quality of care and compliance with health and safety standards.

Summary

House Bill 3803 addresses the administrative penalties assessed on long-term care facilities in Texas. The bill sets specific maximum amounts for penalties that can be levied against facilities based on their size. For facilities with fewer than 60 beds, penalties will range from $100 to $1,000 per violation, while for those with 60 beds or more, penalties will range from $100 to $5,000 per violation. Furthermore, the total maximum penalty imposed on a daily basis cannot exceed $5,000 for smaller facilities and $25,000 for larger ones, with each day constituting a separate violation.

Sentiment

The sentiment surrounding HB 3803 appears to be largely supportive among legislators, as evidenced by its unanimous passage in both the House and Senate without any opposing votes. This suggests a general consensus on the necessity of maintaining certain standards in long-term care facilities while also providing a degree of flexibility regarding financial penalties. The clean passage indicates that members of the legislature view the bill as a positive step towards more effective regulation in long-term care.

Contention

While HB 3803 did not face significant opposition during the legislative process, notable points of contention may arise in discussions around the appropriateness of the penalty amounts and their potential impact on smaller facilities. There are concerns that the financial burden of penalties could unfairly affect less-resourced facilities, potentially threatening their operation. Additionally, the provision that allows the Health and Human Services Commission to implement the bill only if funds are appropriated could raise questions about the law's practical application.