87R30439 KKR-D
By: Kolkhorst S.R. No. 552
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 87th
Legislature, Regular Session, 2021, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 3720 (long-term care facilities for and Medicaid waiver
programs available to certain individuals, including individuals
with intellectual and developmental disabilities) to consider and
take action on the following matters:
(1) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting proposed
Section 531.06035, Government Code, and the transition language
associated with that section. The omitted text imposes a duty on
the Health and Human Services Commission to conduct a medical
necessity assessment of a child who receives Supplemental Security
Income (SSI) before placing the child on the interest list for the
medically dependent children (MDCP) program.
Explanation: The omission of the text is necessary to remove
the duty imposed on the Health and Human Services Commission to
conduct certain medical necessity assessments of a child who
receives Supplemental Security Income (SSI) before placing the
child on the interest list for the medically dependent children
(MDCP) program.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following new SECTION to
the bill:
SECTION 1. Section 531.0581(b), Government Code, is amended
to read as follows:
(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; and
(10) at least one member who is a community-based
provider at an intermediate care facility for individuals with
intellectual or developmental disabilities licensed under Chapter
252, Health and Safety Code.
Explanation: This addition is necessary to change the
composition of the Texas Long-Term Care Facilities Council to
include at least one member who is a community-based provider at
certain intermediate care facilities.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following new SECTIONS
to the bill:
SECTION 3. Section 252.065(b), Health and Safety Code, is
amended to read as follows:
(b) The penalty for a facility with fewer than 60 beds shall
be not less than $100 or more than $1,000 for each violation. The
penalty for a facility with 60 beds or more shall be not less than
$100 or more than $5,000 for each violation. Each day a violation
occurs or continues is a separate violation for purposes of
imposing a penalty. The total amount of penalties [a penalty]
assessed under this subsection for an on-site regulatory visit or
complaint investigation, regardless of the duration of any ongoing
violations, [for each day a violation occurs or continues] may not
exceed:
(1) $5,000 for a facility with fewer than 60 beds; and
(2) $25,000 for a facility with 60 beds or more.
SECTION 4. Section 161.089, Human Resources Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) After consulting with appropriate stakeholders, the
executive commissioner shall develop and adopt rules regarding the
imposition of administrative penalties under this section. The
rules must:
(1) specify the types of violations that warrant
imposition of an administrative penalty;
(2) establish a schedule of progressive
administrative penalties in accordance with the relative type,
frequency, and seriousness of a violation;
(3) prescribe reasonable amounts to be imposed for
each violation giving rise to an administrative penalty, subject to
Subdivision (4);
(4) authorize the imposition of an administrative
penalty in an amount not to exceed $5,000 for each violation;
(5) provide that a provider commits a separate
violation each day the provider continues to violate the law or
rule;
(6) ensure standard and consistent application of
administrative penalties throughout the state; [and]
(7) provide for an administrative appeals process to
adjudicate claims and appeals relating to the imposition of an
administrative penalty under this section that is in accordance
with Chapter 2001, Government Code; and
(8) ensure standard and consistent interpretation of
service delivery rules and consistent application of
administrative penalties throughout this state.
(c-1) On adoption of the rules under Subsection (c), the
executive commissioner shall develop interpretative guidelines for
regulatory staff and providers regarding the imposition of
administrative penalties under this section.
SECTION 6. Not later than December 1, 2021, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Section 252.065(b), Health
and Safety Code, as amended by this Act, and Section 161.089, Human
Resources Code, as amended by this Act.
SECTION 7. The Health and Human Services Commission may not
assess a penalty under Section 161.089, Human Resources Code, as
amended by this Act, until the executive commissioner of the Health
and Human Services Commission:
(1) adopts the rules necessary to implement Section
161.089(c)(8), Human Resources Code, as added by this Act; and
(2) develops the interpretive guidelines required by
Section 161.089(c-1), Human Resources Code, as added by this Act.
Explanation: The changes are necessary to implement certain
changes to law relating to the imposition of administrative
penalties against certain long-term care facilities, including a
change to the amount of an administrative penalty for certain
violations committed by intermediate care facilities for
individuals with an intellectual disability and a change to ensure
the executive commissioner of the Health and Human Services
Commission adopts standard and consistent rules relating to the
interpretation and consistent application of administrative
penalties against certain long-term care facilities.