Texas 2019 - 86th Regular

Texas Senate Bill SB1519 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1519
	1	+	By: Kolkhorst S.B. No. 1519
	2	+	(Clardy)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to establishing a council on long-term care facilities and
6		-	~~to a dispute resolution process regarding those facilities~~.
	8	+	the duties of that council.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 531.058(a-1), Government Code, as
9		-	amended by Chapters 590 (S.B. 924) and 836 (H.B. 2025), Acts of the
10		-	85th Legislature, Regular Session, 2017, is reenacted and amended
11		-	to read as follows:
12		-	(a-1) As part of the informal dispute resolution process
13		-	established under this section, the commission shall contract with
14		-	an appropriate disinterested person to adjudicate disputes between
15		-	an institution or facility licensed under Chapter 242, Health and
16		-	Safety Code, or a facility licensed under Chapter 247, Health and
17		-	Safety Code, and the commission concerning a statement of
18		-	violations prepared by the commission in connection with a survey
19		-	conducted by the commission of the institution or facility.
20		-	Section 2009.053 does not apply to the selection of an appropriate
21		-	disinterested person under this subsection. The person with whom
22		-	the commission contracts shall adjudicate all disputes described by
23		-	this subsection. The informal dispute resolution process for the
24		-	statement of violations must require:
25		-	(1) the surveyor who conducted the survey for which
26		-	the statement was prepared to be available to clarify or answer
27		-	questions related to the facility or the statement that are asked by
28		-	the person reviewing the dispute or by the facility; and
29		-	(2) the commission's review of the institution's or
30		-	facility's informal dispute resolution request to be conducted by a
31		-	registered nurse with long-term care experience for a standard of
32		-	care violation.
33		-	SECTION 2. Subchapter B, Chapter 531, Government Code, is
	10	+	SECTION 1. Subchapter B, Chapter 531, Government Code, is
34	11		amended by adding Section 531.0581 to read as follows:
35	12		Sec. 531.0581. LONG-TERM CARE FACILITIES COUNCIL. (a) In
36	13		this section:
37	14		(1) "Council" means the Long-Term Care Facilities
38	15		Council.
39	16		(2) "Long-term care facility" means a facility subject
40	17		to regulation under Section 32.021(d), Human Resources Code, or
41	18		Chapter 242, 247, or 252, Health and Safety Code.
42	19		(b) The executive commissioner shall establish a Long-Term
43	20		Care Facilities Council as a permanent advisory committee to the
44	21		commission. The council is composed of the following members
45	22		appointed by the executive commissioner:
46	23		(1) at least one member who is a for-profit nursing
47	24		facility provider;
48	25		(2) at least one member who is a nonprofit nursing
49	26		facility provider;
50	27		(3) at least one member who is an assisted living
51	28		services provider;
52	29		(4) at least one member responsible for survey
53	30		enforcement within the state survey and certification agency;
54	31		(5) at least one member responsible for survey
55	32		inspection within the state survey and certification agency;
56	33		(6) at least one member of the state agency
57	34		responsible for informal dispute resolution;
58	35		(7) at least one member with expertise in Medicaid
59	36		quality-based payment systems for long-term care facilities;
60	37		(8) at least one member who is a practicing medical
61	38		director of a long-term care facility; and
62	39		(9) at least one member who is a physician with
63	40		expertise in infectious disease or public health.
64	41		(c) The executive commissioner shall designate a member of
65	42		the council to serve as presiding officer. The members of the
66	43		council shall elect any other necessary officers.
67	44		(d) A member of the council serves at the will of the
68	45		executive commissioner.
69	46		(e) The council shall meet at the call of the executive
70	47		commissioner.
71	48		(f) A member of the council is not entitled to reimbursement
72	49		of expenses or to compensation for service on the council.
73	50		(g) The council shall study and make recommendations
74	51		regarding a consistent survey and informal dispute resolution
75		-	process for long-term care facilities, Medicaid ~~quality-based~~
76		-	payment systems for those facilities~~, and~~ the ~~allocation of~~
77		-	~~Medicaid beds in those facilities. The council~~ shall:
	52	+	process for long-term care facilities and regarding Medicaid
	53	+	quality-based payment systems for those facilities. The council
	54	+	shall:
78	55		(1) study and make recommendations regarding best
79	56		practices and protocols to make survey, inspection, and informal
80	57		dispute resolution processes more efficient and less burdensome on
81	58		long-term care facilities;
82	59		(2) recommend uniform standards for those processes;
	60	+	and
83	61		(3) study and make recommendations regarding Medicaid
84	62		quality-based payment systems and a rate-setting methodology for
85		-	long-term care facilities; and
86		-	(4) study and make recommendations relating to the
87		-	allocation of and need for Medicaid beds in long-term care
88		-	facilities, including studying and making recommendations relating
89		-	to:
90		-	(A) the effectiveness of rules adopted by the
91		-	executive commissioner relating to the procedures for certifying
92		-	and decertifying Medicaid beds in long-term care facilities; and
93		-	(B) the need for modifications to those rules to
94		-	better control the procedures for certifying and decertifying
95		-	Medicaid beds in long-term care facilities.
	63	+	long-term care facilities.
96	64		(h) Not later than January 1 of each odd-numbered year, the
97	65		council shall submit a report on the council's findings and
98	66		recommendations to the executive commissioner, the governor, the
99	67		lieutenant governor, the speaker of the house of representatives,
100	68		and the chairs of the appropriate legislative committees.
101	69		(i) Chapter 2110 does not apply to the council.
102		-	SECTION 3. Section 242.0445, Health and Safety Code, is
103		-	amended by adding Subsection (a-1) to read as follows:
104		-	(a-1) If the commission or the commission's representative
105		-	conducting an inspection, survey, or investigation under Section
106		-	242.043 or 242.044 identifies a violation that constitutes
107		-	immediate jeopardy to the health or safety of a resident:
108		-	(1) the commission shall immediately notify the
109		-	facility's management of the violation; and
110		-	(2) a commission representative shall remain in or be
111		-	accessible to the facility until the commission receives the
112		-	facility's plan of removal related to the violation.
113		-	SECTION 4. (a) In this section:
	70	+	SECTION 2. (a) In this section:
114	71		(1) "Commission" means the Health and Human Services
115	72		Commission.
116	73		(2) "Long-Term Care Facilities Council" means the
117	74		council established under Section 531.0581, Government Code, as
118	75		added by this Act.
119	76		(3) "Long-term care facility" has the meaning assigned
120	77		by Section 531.0581, Government Code, as added by this Act.
121	78		(b) Not later than September 1, 2021, the Long-Term Care
122	79		Facilities Council shall assess the impact the implementation of
123	80		Section 2, Chapter 1117 (H.B. 3523), Acts of the 84th Legislature,
124	81		Regular Session, 2015, which amended Section 533.00251(c),
125	82		Government Code, effective September 1, 2021, would have on
126	83		long-term care facilities and make a recommendation to the
127	84		commission regarding its implementation. Notwithstanding that
128	85		section, if the council advises that implementing that section
129	86		would have a significant impact on long-term care facilities, the
130	87		commission may delay the implementation of that section until
131	88		September 1, 2023, provided that the commission publishes notice of
132	89		that delay in the Texas Register as soon as practicable.
133	90		(c) This section expires September 1, 2023.
134		-	SECTION 5. Not later than December 1, 2019, the executive
	91	+	SECTION 3. Not later than December 1, 2019, the executive
135	92		commissioner of the Health and Human Services Commission shall
136	93		establish the Long-Term Care Facilities Council and appoint the
137	94		council members as required by Section 531.0581, Government Code,
138	95		as added by this Act.
139		-	SECTION 6. The Health and Human Services Commission is
	96	+	SECTION 4. The Health and Human Services Commission is
140	97		required to implement a provision of this Act only if the
141	98		legislature appropriates money to the commission specifically for
142	99		that purpose. If the legislature does not appropriate money
143	100		specifically for that purpose, the commission may, but is not
144	101		required to, implement a provision of this Act using other
145	102		appropriations that are available for that purpose.
146		-	SECTION 7. If before implementing any provision of this Act
147		-	a state agency determines that a waiver or authorization from a
148		-	federal agency is necessary for implementation of that provision,
149		-	the agency affected by the provision shall request the waiver or
150		-	authorization and may delay implementing that provision until the
151		-	waiver or authorization is granted.
152		-	SECTION 8. This Act takes effect immediately if it receives
	103	+	SECTION 5. This Act takes effect immediately if it receives
153	104		a vote of two-thirds of all the members elected to each house, as
154	105		provided by Section 39, Article III, Texas Constitution. If this
155	106		Act does not receive the vote necessary for immediate effect, this
156	107		Act takes effect September 1, 2019.
157		-	______________________________ ______________________________
158		-	President of the Senate Speaker of the House
159		-	I hereby certify that S.B. No. 1519 passed the Senate on
160		-	May 3, 2019, by the following vote: Yeas 31, Nays 0; and that the
161		-	Senate concurred in House amendments on May 25, 2019, by the
162		-	following vote: Yeas 30, Nays 0.
163		-	______________________________
164		-	Secretary of the Senate
165		-	I hereby certify that S.B. No. 1519 passed the House, with
166		-	amendments, on May 22, 2019, by the following vote: Yeas 107,
167		-	Nays 36, two present not voting.
168		-	______________________________
169		-	Chief Clerk of the House
170		-	Approved:
171		-	______________________________
172		-	Date
173		-	______________________________
174		-	Governor