Texas 2021 - 87th Regular

Texas House Bill HB3240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Klick (Senate Sponsor - Kolkhorst) H.B. No. 3240
2		-	(In the Senate - Received from the House May 10, 2021;
3		-	May 11, 2021, read first time and referred to Committee on Health &
4		-	Human Services; May 21, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 0;
6		-	May 21, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3240 By: Miles
	1	+	By: Klick H.B. No. 3240
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the composition of the Long-Term Care Facilities
14	7		Council and rules related to and the imposition of administrative
15	8		penalties against certain long-term care facilities.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Section 531.0581(b), Government Code, is amended
18	11		to read as follows:
19	12		(b) The executive commissioner shall establish a Long-Term
20	13		Care Facilities Council as a permanent advisory committee to the
21	14		commission. The council is composed of the following members
22	15		appointed by the executive commissioner:
23	16		(1) at least one member who is a for-profit nursing
24	17		facility provider;
25	18		(2) at least one member who is a nonprofit nursing
26	19		facility provider;
27	20		(3) at least one member who is an assisted living
28	21		services provider;
29	22		(4) at least one member responsible for survey
30	23		enforcement within the state survey and certification agency;
31	24		(5) at least one member responsible for survey
32	25		inspection within the state survey and certification agency;
33	26		(6) at least one member of the state agency
34	27		responsible for informal dispute resolution;
35	28		(7) at least one member with expertise in Medicaid
36	29		quality-based payment systems for long-term care facilities;
37	30		(8) at least one member who is a practicing medical
38	31		director of a long-term care facility; [and]
39	32		(9) at least one member who is a physician with
40	33		expertise in infectious disease or public health; and
41	34		(10) at least one member who is a community-based
42	35		provider at an intermediate care facility for individuals with
43	36		intellectual or developmental disabilities licensed under Chapter
44	37		252, Health and Safety Code.
45	38		SECTION 2. Section 252.065(b), Health and Safety Code, is
46	39		amended to read as follows:
47	40		(b) The penalty for a facility with fewer than 60 beds shall
48	41		be not less than $100 or more than $1,000 for each violation. The
49	42		penalty for a facility with 60 beds or more shall be not less than
50	43		$100 or more than $5,000 for each violation. Each day a violation
51	44		occurs or continues is a separate violation for purposes of
52	45		imposing a penalty. The total amount of penalties [a penalty]
53	46		assessed under this subsection for an on-site regulatory visit or
54	47		complaint investigation, regardless of the duration of any ongoing
55	48		violations, [for each day a violation occurs or continues] may not
56	49		exceed:
57	50		(1) $5,000 for a facility with fewer than 60 beds; and
58	51		(2) $25,000 for a facility with 60 beds or more.
59		-	SECTION 3. Section 161.089, Human Resources Code, is
60		-	amended by amending Subsection (c) and adding Subsection (c-1) to
61		-	read as follows:
	52	+	SECTION 3. Section 161.089(c), Human Resources Code, is
	53	+	amended to read as follows:
62	54		(c) After consulting with appropriate stakeholders, the
63	55		executive commissioner shall develop and adopt rules regarding the
64	56		imposition of administrative penalties under this section. The
65	57		rules must:
66	58		(1) specify the types of violations that warrant
67	59		imposition of an administrative penalty;
68	60		(2) establish a schedule of progressive
69	61		administrative penalties in accordance with the relative type,
70	62		frequency, and seriousness of a violation;
71	63		(3) prescribe reasonable amounts to be imposed for
72	64		each violation giving rise to an administrative penalty, subject to
73	65		Subdivision (4);
74	66		(4) authorize the imposition of an administrative
75	67		penalty in an amount not to exceed $5,000 for each violation;
76	68		(5) provide that a provider commits a separate
77	69		violation each day the provider continues to violate the law or
78	70		rule;
79	71		(6) ensure standard and consistent application of
80	72		administrative penalties throughout the state; [and]
81	73		(7) provide for an administrative appeals process to
82	74		adjudicate claims and appeals relating to the imposition of an
83	75		administrative penalty under this section that is in accordance
84		-	with Chapter 2001, Government Code; ~~and~~
	76	+	with Chapter 2001, Government Code;
85	77		(8) ensure standard and consistent interpretation of
86	78		service delivery rules and consistent application of
87		-	administrative penalties throughout this state.
88		-	(c-1) On adoption of the rules under Subsection (c), the
89		-	executive commissioner shall develop interpretative guidelines for
90		-	regulatory staff and providers regarding the imposition of
91		-	administrative penalties under this section.
	79	+	administrative penalties throughout this state; and
	80	+	(9) include interpretative guidelines for regulatory
	81	+	staff and providers regarding the imposition of administrative
	82	+	penalties under this section.
92	83		SECTION 4. Not later than December 1, 2021, the executive
93	84		commissioner of the Health and Human Services Commission shall
94	85		adopt the rules necessary to implement the changes in law made by
95	86		this Act.
96	87		SECTION 5. The Health and Human Services Commission may not
97	88		assess a penalty under Section 161.089, Human Resources Code, as
98	89		amended by this Act, until the executive commissioner of the Health
99		-	and Human Services Commission:
100		-	(1) adopts the rules necessary to implement Section
101		-	161.089(c)(8), Human Resources Code, as added by this Act; and
102		-	(2) develops the interpretive guidelines required by
103		-	Section 161.089(c-1), Human Resources Code, as added by this Act.
	90	+	and Human Services Commission adopts the rules necessary to
	91	+	implement Sections 161.089(c)(8) and (9), Human Resources Code, as
	92	+	added by this Act.
104	93		SECTION 6. This Act takes effect immediately if it receives
105	94		a vote of two-thirds of all the members elected to each house, as
106	95		provided by Section 39, Article III, Texas Constitution. If this
107	96		Act does not receive the vote necessary for immediate effect, this
108	97		Act takes effect September 1, 2021.
109		-	* * * * *