S.B. No. 1519
AN ACT
relating to establishing a council on long-term care facilities and
to a dispute resolution process regarding those facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.058(a-1), Government Code, as
amended by Chapters 590 (S.B. 924) and 836 (H.B. 2025), Acts of the
85th Legislature, Regular Session, 2017, is reenacted and amended
to read as follows:
(a-1) As part of the informal dispute resolution process
established under this section, the commission shall contract with
an appropriate disinterested person to adjudicate disputes between
an institution or facility licensed under Chapter 242, Health and
Safety Code, or a facility licensed under Chapter 247, Health and
Safety Code, and the commission concerning a statement of
violations prepared by the commission in connection with a survey
conducted by the commission of the institution or facility.
Section 2009.053 does not apply to the selection of an appropriate
disinterested person under this subsection. The person with whom
the commission contracts shall adjudicate all disputes described by
this subsection. The informal dispute resolution process for the
statement of violations must require:
(1) the surveyor who conducted the survey for which
the statement was prepared to be available to clarify or answer
questions related to the facility or the statement that are asked by
the person reviewing the dispute or by the facility; and
(2) the commission's review of the institution's or
facility's informal dispute resolution request to be conducted by a
registered nurse with long-term care experience for a standard of
care violation.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0581 to read as follows:
Sec. 531.0581. LONG-TERM CARE FACILITIES COUNCIL. (a) In
this section:
(1) "Council" means the Long-Term Care Facilities
Council.
(2) "Long-term care facility" means a facility subject
to regulation under Section 32.021(d), Human Resources Code, or
Chapter 242, 247, or 252, Health and Safety Code.
(b) The executive commissioner shall establish a Long-Term
Care Facilities Council as a permanent advisory committee to the
commission. The council is composed of the following members
appointed by the executive commissioner:
(1) at least one member who is a for-profit nursing
facility provider;
(2) at least one member who is a nonprofit nursing
facility provider;
(3) at least one member who is an assisted living
services provider;
(4) at least one member responsible for survey
enforcement within the state survey and certification agency;
(5) at least one member responsible for survey
inspection within the state survey and certification agency;
(6) at least one member of the state agency
responsible for informal dispute resolution;
(7) at least one member with expertise in Medicaid
quality-based payment systems for long-term care facilities;
(8) at least one member who is a practicing medical
director of a long-term care facility; and
(9) at least one member who is a physician with
expertise in infectious disease or public health.
(c) The executive commissioner shall designate a member of
the council to serve as presiding officer. The members of the
council shall elect any other necessary officers.
(d) A member of the council serves at the will of the
executive commissioner.
(e) The council shall meet at the call of the executive
commissioner.
(f) A member of the council is not entitled to reimbursement
of expenses or to compensation for service on the council.
(g) The council shall study and make recommendations
regarding a consistent survey and informal dispute resolution
process for long-term care facilities, Medicaid quality-based
payment systems for those facilities, and the allocation of
Medicaid beds in those facilities. The council shall:
(1) study and make recommendations regarding best
practices and protocols to make survey, inspection, and informal
dispute resolution processes more efficient and less burdensome on
long-term care facilities;
(2) recommend uniform standards for those processes;
(3) study and make recommendations regarding Medicaid
quality-based payment systems and a rate-setting methodology for
long-term care facilities; and
(4) study and make recommendations relating to the
allocation of and need for Medicaid beds in long-term care
facilities, including studying and making recommendations relating
to:
(A) the effectiveness of rules adopted by the
executive commissioner relating to the procedures for certifying
and decertifying Medicaid beds in long-term care facilities; and
(B) the need for modifications to those rules to
better control the procedures for certifying and decertifying
Medicaid beds in long-term care facilities.
(h) Not later than January 1 of each odd-numbered year, the
council shall submit a report on the council's findings and
recommendations to the executive commissioner, the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of the appropriate legislative committees.
(i) Chapter 2110 does not apply to the council.
SECTION 3. Section 242.0445, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) If the commission or the commission's representative
conducting an inspection, survey, or investigation under Section
242.043 or 242.044 identifies a violation that constitutes
immediate jeopardy to the health or safety of a resident:
(1) the commission shall immediately notify the
facility's management of the violation; and
(2) a commission representative shall remain in or be
accessible to the facility until the commission receives the
facility's plan of removal related to the violation.
SECTION 4. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Long-Term Care Facilities Council" means the
council established under Section 531.0581, Government Code, as
added by this Act.
(3) "Long-term care facility" has the meaning assigned
by Section 531.0581, Government Code, as added by this Act.
(b) Not later than September 1, 2021, the Long-Term Care
Facilities Council shall assess the impact the implementation of
Section 2, Chapter 1117 (H.B. 3523), Acts of the 84th Legislature,
Regular Session, 2015, which amended Section 533.00251(c),
Government Code, effective September 1, 2021, would have on
long-term care facilities and make a recommendation to the
commission regarding its implementation. Notwithstanding that
section, if the council advises that implementing that section
would have a significant impact on long-term care facilities, the
commission may delay the implementation of that section until
September 1, 2023, provided that the commission publishes notice of
that delay in the Texas Register as soon as practicable.
(c) This section expires September 1, 2023.
SECTION 5. Not later than December 1, 2019, the executive
commissioner of the Health and Human Services Commission shall
establish the Long-Term Care Facilities Council and appoint the
council members as required by Section 531.0581, Government Code,
as added by this Act.
SECTION 6. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money to the commission specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the commission may, but is not
required to, implement a provision of this Act using other
appropriations that are available for that purpose.
SECTION 7. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1519 passed the Senate on
May 3, 2019, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 25, 2019, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1519 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 107,
Nays 36, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor