87R569 EAS-F
By: Raymond H.B. No. 933
A BILL TO BE ENTITLED
AN ACT
relating to inspection procedures in and a legislative oversight
committee for certain long-term care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.027, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) An officer or employee of an assisted living facility
may require a commission inspector who is a licensed health care
professional to provide proof of licensure before the inspector
conducts an inspection of the facility.
(d) A commission inspector shall include on the
commission's inspection checklist:
(1) a brief description of the evidence supporting
each cited violation; and
(2) the name and title of the person who discovered
each cited violation.
(e) The executive commissioner shall:
(1) adopt rules to ensure that among the commission's
community services regions the commission uniformly administers
inspections and consistently interprets and enforces the laws and
rules regulating assisted living facilities; and
(2) prepare and deliver a semiannual progress report
on uniform administration, interpretation, and enforcement to
appropriate health and human services legislative standing
committees.
SECTION 2. Section 247.0271, Health and Safety Code, is
amended by adding Subsections (c-1) and (e) to read as follows:
(c-1) The inspector may not:
(1) conduct an additional inspection during an
additional exit conference; or
(2) use an additional exit conference to retaliate
against an assisted living facility for:
(A) filing a complaint against the commission or
the inspector regarding an inspection; or
(B) requesting an administrative hearing to
contest a cited violation.
(e) The inspector may not require an assisted living
facility, through an inspection or the final official statement of
violations, to take any action that conflicts with a written order
of a physician. A facility in the facility's plan of correction
shall provide evidence that the statement of violations conflicts
with the physician's written order. A facility is not required to
correct a violation that conflicts with the physician's written
order.
SECTION 3. Section 252.040, Health and Safety Code, is
amended by amending Subsection (i) and adding Subsections (j) and
(k) to read as follows:
(i) The commission [department] shall have specialized
staff conduct inspections, surveys, or investigations of
facilities under this section. An officer or employee of a facility
may require a commission representative who is a licensed health
care professional to provide proof of licensure before the
representative conducts an inspection, survey, or investigation of
the facility.
(j) The commission or the commission's representative shall
include on the commission's inspection form:
(1) a brief description of the evidence supporting
each cited violation; and
(2) the name and title of the person who discovered
each cited violation.
(k) The executive commissioner shall:
(1) adopt rules to ensure that among the commission's
community services regions the commission uniformly administers
inspections, surveys, and investigations and consistently
interprets and enforces the laws and rules regulating facilities
licensed under this chapter; and
(2) prepare and deliver a semiannual progress report
on uniform administration, interpretation, and enforcement to the
appropriate health and human services legislative standing
committees.
SECTION 4. Section 252.044, Health and Safety Code, is
amended by adding Subsections (b-1) and (d) to read as follows:
(b-1) The commission or the commission's representative may
not:
(1) conduct an additional inspection, survey, or
investigation during an additional exit conference; or
(2) use an additional exit conference to retaliate
against a facility for:
(A) filing a complaint against the commission or
the commission's representative regarding an inspection, survey,
or investigation; or
(B) requesting an administrative hearing to
contest a cited violation.
(d) The commission or the commission's representative may
not require a facility, through an inspection, survey, or
investigation or the final official statement of violations, to
take any action that conflicts with a written order of a physician.
A facility in the facility's plan to correct violations shall
provide evidence that the statement of violations conflicts with
the physician's written order. A facility is not required to
correct a violation that conflicts with the physician's written
order.
SECTION 5. Chapter 531, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE
Sec. 531.181. DEFINITIONS. In this subchapter:
(1) "Committee" means the long-term care legislative
oversight committee.
(2) "Facility" means:
(A) a nursing facility licensed under Chapter
242, Health and Safety Code;
(B) an assisted living facility licensed under
Chapter 247, Health and Safety Code; and
(C) an intermediate care facility licensed under
Chapter 252, Health and Safety Code.
Sec. 531.182. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
(a) The committee is composed of:
(1) two members of the senate and one public member
appointed by the lieutenant governor; and
(2) two members of the house of representatives and
one public member appointed by the speaker of the house of
representatives.
(b) A member of the committee serves at the pleasure of the
appointing official.
(c) The lieutenant governor and the speaker of the house of
representatives shall alternate appointing the presiding officer
of the committee. The presiding officer shall serve a two-year term
expiring February 1 of each odd-numbered year.
Sec. 531.183. COMMITTEE POWERS AND DUTIES. (a) The
committee shall:
(1) meet at the call of the presiding officer;
(2) receive, review, and comment on rules proposed by
the executive commissioner; and
(3) review recommendations for legislation proposed
by the commission or the attorney general relating to facilities.
(b) Notwithstanding Chapter 551 or any other law, the
committee may meet by telephone conference call, videoconference,
or other similar telecommunication method. A meeting held by
telephone conference call, videoconference, or other similar
telecommunication method is subject to the requirements of Sections
551.125(c), (d), (e), and (f).
(c) The committee may hear a facility's complaint regarding
an operational dispute and make a recommendation to the commission.
(d) The committee may issue process, in accordance with
Section 301.024, to compel the attendance of witnesses and the
production of books, records, documents, and instruments required
by the committee.
(e) The committee may monitor the effectiveness and
efficiency of the facility regulatory system of this state.
(f) The committee may propose legislation relating to
facilities.
(g) The committee may request reports and other information
from the commission and the attorney general relating to:
(1) the facility regulatory and enforcement system of
this state;
(2) the standards for including a facility in the
STAR+PLUS Medicaid managed care program; and
(3) the effectiveness of the STAR+PLUS Medicaid
managed care program in reducing preventable acute care costs.
(h) The committee shall use the existing staff resources of
the senate and the house of representatives to assist the committee
in performing its duties under this section.
Sec. 531.184. REPORT. (a) The committee shall submit a
report to the governor, lieutenant governor, and speaker of the
house of representatives not later than November 15 of each
even-numbered year.
(b) The report must:
(1) identify any significant problems in the facility
regulatory and enforcement system, with recommendations for
action;
(2) examine the effectiveness and efficiency of the
facility regulatory system of this state, with recommendations for
action; and
(3) include recommendations for any necessary or
appropriate legislative action.
Sec. 531.185. EXPIRATION. This subchapter expires
September 1, 2025.
SECTION 6. (a) As soon as practicable after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the changes in law made by this Act.
(b) Not later than December 1, 2021, the Health and Human
Services Commission shall modify inspection forms to conform to the
requirements of this Act.
(c) The changes in law made by this Act apply only to an
inspection, survey, or investigation conducted on or after January
1, 2022.
(d) As soon as practicable after the effective date of this
Act, the lieutenant governor and the speaker of the house of
representatives shall appoint members to the long-term care
legislative oversight committee as required by Subchapter E-1,
Chapter 531, Government Code, as added by this Act. The speaker of
the house of representatives shall appoint the first presiding
officer of the committee.
SECTION 7. This Act takes effect September 1, 2021.