Texas 2021 - 87th Regular

Texas House Bill HB1423 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1423
	1	+	By: Campos (Senate Sponsor - Zaffirini) H.B. No. 1423
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Health &
	4	+	Human Services; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the regulation and inspection procedures of certain
6	12		long-term care facilities, including a survey of certain
7	13		facilities' emergency power sources.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 242.043(a), Health and Safety Code, is
10	16		amended to read as follows:
11	17		(a) The commission [department] or the commission's
12	18		[department's] representative may make any inspection, including
13	19		an unannounced inspection or follow-up inspection, survey, or
14	20		investigation that it considers necessary and may enter the
15	21		premises of an institution at reasonable times to make an
16	22		inspection, survey, or investigation in accordance with department
17	23		rules.
18	24		SECTION 2. Sections 242.044(a) and (b), Health and Safety
19	25		Code, are amended to read as follows:
20	26		(a) The commission [Each licensing period, the department]
21	27		shall annually conduct at least one [two] unannounced inspection
22	28		[inspections] of each institution.
23	29		(b) For at least one [two] unannounced annual inspection
24	30		[inspections each licensing period] of an institution, the
25	31		commission [department] shall invite at least one person as a
26	32		citizen advocate from:
27	33		(1) the AARP;
28	34		(2) the Texas Senior Citizen Association;
29	35		(3) the department's Certified Long-term Care
30	36		Ombudsman; or
31	37		(4) another statewide organization for the elderly.
32	38		SECTION 3. Subchapter B, Chapter 242, Health and Safety
33	39		Code, is amended by adding Sections 242.0441 and 242.0442 to read as
34	40		follows:
35	41		Sec. 242.0441. FOLLOW-UP INSPECTIONS. (a) The commission
36	42		or the commission's representative may conduct a follow-up
37	43		inspection of an institution after conducting an inspection,
38	44		survey, or investigation of the institution under Section 242.043
39	45		or 242.044 to:
40	46		(1) evaluate and monitor the findings of the initial
41	47		inspection, survey, or investigation; and
42	48		(2) ensure the commission is citing and punishing
43	49		institutional deficiencies consistently across the state.
44	50		(b) If an institution corrects a deficiency cited during a
45	51		follow-up inspection within the time specified by executive
46	52		commissioner rule, the commission may not impose additional
47	53		punitive actions for the deficiency.
48	54		Sec. 242.0442. COMMISSION EVALUATION OF REGULATORY
49	55		CAPACITY. (a) Not later than January 31 of each year, the
50	56		commission shall evaluate the commission's capacity to regulate
51	57		institutions under this chapter and formulate a strategy to
52	58		effectively perform licensing duties, enforcement activities, and
53	59		complaint investigations for that year.
54	60		(b) The commission shall continue to regularly evaluate the
55	61		commission's capacity to regulate institutions under this chapter
56	62		and implement corrective measures as necessary.
57	63		(c) The commission shall monitor the commission's staffing
58	64		of employees who perform inspections, surveys, or investigations of
59	65		institutions under this chapter and fill any vacant positions as
60	66		soon as possible.
61	67		(d) Not later than January 1 of each year, the commission
62	68		shall evaluate the commission's compliance during the previous year
63	69		with Sections 242.043, 242.044, and 242.0441.
64	70		SECTION 4. (a) The Health and Human Services Commission
65	71		shall conduct a survey on the number of facilities licensed under
66	72		Chapter 242, Health and Safety Code, and the number of assisted
67	73		living facilities licensed under Chapter 247, Health and Safety
68	74		Code, that are equipped with an operational emergency generator or
69	75		comparable emergency power source that is capable of providing
70	76		continuous electric utility services to the facility during severe
71	77		weather events or other emergencies.
72		-	(b) The Health and Human Services Commission shall break
73		-	down the results of the survey conducted under Subsection (a) based
74		-	on:
75		-	(1) the type of facility;
76		-	(2) the size of the facility; and
77		-	(3) the geographic location of the facility.
78		-	(c) Not later than September 1, 2022, the Health and Human
79		-	Services Commission shall submit the results of the survey
80		-	conducted under Subsection (a) of this section to the members of the
81		-	House Human Services Committee and the Senate Health and Human
82		-	Services Committee, or the successor of those committees.
	78	+	(b) Not later than September 1, 2022, the Health and Human
	79	+	Services Commission shall publish the results of the survey
	80	+	conducted under Subsection (a) of this section on the commission's
	81	+	Internet website.
83	82		SECTION 5. This Act takes effect September 1, 2021.
84		-	______________________________ ______________________________
85		-	President of the Senate Speaker of the House
86		-	I certify that H.B. No. 1423 was passed by the House on May 7,
87		-	2021, by the following vote: Yeas 101, Nays 39, 1 present, not
88		-	voting; and that the House concurred in Senate amendments to H.B.
89		-	No. 1423 on May 28, 2021, by the following vote: Yeas 84, Nays 57,
90		-	2 present, not voting.
91		-	______________________________
92		-	Chief Clerk of the House
93		-	I certify that H.B. No. 1423 was passed by the Senate, with
94		-	amendments, on May 24, 2021, by the following vote: Yeas 29, Nays
95		-	1.
96		-	______________________________
97		-	Secretary of the Senate
98		-	APPROVED: __________________
99		-	Date
100		-	__________________
101		-	Governor
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