TX
Texas Senate Bill SR552

Texas 2021 - 87th Regular

Texas Senate Bill SR552 Compare Versions

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12 By: Kolkhorst S.R. No. 552
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4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 87th
67 Legislature, Regular Session, 2021, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- House Bill 3720 (long-term care facilities for and Medicaid
10- waiver programs available to certain individuals, including
11- individuals with intellectual and developmental disabilities) to
12- consider and take action on the following matters:
9+ conference committee appointed to resolve the differences on House
10+ Bill 3720 (long-term care facilities for and Medicaid waiver
11+ programs available to certain individuals, including individuals
12+ with intellectual and developmental disabilities) to consider and
13+ take action on the following matters:
1314 (1) Senate Rule 12.03(2) is suspended to permit the
1415 committee to omit text not in disagreement by omitting proposed
1516 Section 531.06035, Government Code, and the transition language
1617 associated with that section. The omitted text imposes a duty on
1718 the Health and Human Services Commission to conduct a medical
18- necessity assessment of a child who receives Supplemental
19- Security Income (SSI) before placing the child on the interest
20- list for the medically dependent children (MDCP) program.
21- Explanation: The omission of the text is necessary to
22- remove the duty imposed on the Health and Human Services
23- Commission to conduct certain medical necessity assessments of a
24- child who receives Supplemental Security Income (SSI) before
25- placing the child on the interest list for the medically
26- dependent children (MDCP) program.
19+ necessity assessment of a child who receives Supplemental Security
20+ Income (SSI) before placing the child on the interest list for the
21+ medically dependent children (MDCP) program.
22+ Explanation: The omission of the text is necessary to remove
23+ the duty imposed on the Health and Human Services Commission to
24+ conduct certain medical necessity assessments of a child who
25+ receives Supplemental Security Income (SSI) before placing the
26+ child on the interest list for the medically dependent children
27+ (MDCP) program.
2728 (2) Senate Rule 12.03(4) is suspended to permit the
2829 committee to add text on a matter not included in either the house
29- or senate version of the bill by adding the following new SECTION
30- to the bill:
31- SECTION 1. Section 531.0581(b), Government Code, is
32- amended to read as follows:
33- (b) The executive commissioner shall establish a
34- Long-Term Care Facilities Council as a permanent advisory
35- committee to the commission. The council is composed of the
36- following members appointed by the executive commissioner:
30+ or senate version of the bill by adding the following new SECTION to
31+ the bill:
32+ SECTION 1. Section 531.0581(b), Government Code, is amended
33+ to read as follows:
34+ (b) The executive commissioner shall establish a Long-Term
35+ Care Facilities Council as a permanent advisory committee to the
36+ commission. The council is composed of the following members
37+ appointed by the executive commissioner:
3738 (1) at least one member who is a for-profit nursing
3839 facility provider;
3940 (2) at least one member who is a nonprofit nursing
4041 facility provider;
4142 (3) at least one member who is an assisted living
4243 services provider;
4344 (4) at least one member responsible for survey
4445 enforcement within the state survey and certification agency;
4546 (5) at least one member responsible for survey
4647 inspection within the state survey and certification agency;
4748 (6) at least one member of the state agency
4849 responsible for informal dispute resolution;
4950 (7) at least one member with expertise in Medicaid
5051 quality-based payment systems for long-term care facilities;
5152 (8) at least one member who is a practicing medical
5253 director of a long-term care facility; [and]
5354 (9) at least one member who is a physician with
5455 expertise in infectious disease or public health; and
5556 (10) at least one member who is a community-based
5657 provider at an intermediate care facility for individuals with
57- intellectual or developmental disabilities licensed under
58- Chapter 252, Health and Safety Code.
58+ intellectual or developmental disabilities licensed under Chapter
59+ 252, Health and Safety Code.
5960 Explanation: This addition is necessary to change the
6061 composition of the Texas Long-Term Care Facilities Council to
6162 include at least one member who is a community-based provider at
6263 certain intermediate care facilities.
6364 (3) Senate Rule 12.03(4) is suspended to permit the
6465 committee to add text on a matter not included in either the house
65- or senate version of the bill by adding the following new
66- SECTIONS to the bill:
67- SECTION 3. Section 252.065(b), Health and Safety Code,
68- is amended to read as follows:
69- (b) The penalty for a facility with fewer than 60 beds
70- shall be not less than $100 or more than $1,000 for each
71- violation. The penalty for a facility with 60 beds or more shall
72- be not less than $100 or more than $5,000 for each violation.
73- Each day a violation occurs or continues is a separate violation
74- for purposes of imposing a penalty. The total amount of
75- penalties [a penalty] assessed under this subsection for an
76- on-site regulatory visit or complaint investigation, regardless
77- of the duration of any ongoing violations, [for each day a
78- violation occurs or continues] may not exceed:
79- (1) $5,000 for a facility with fewer than 60 beds;
80- and
66+ or senate version of the bill by adding the following new SECTIONS
67+ to the bill:
68+ SECTION 3. Section 252.065(b), Health and Safety Code, is
69+ amended to read as follows:
70+ (b) The penalty for a facility with fewer than 60 beds shall
71+ be not less than $100 or more than $1,000 for each violation. The
72+ penalty for a facility with 60 beds or more shall be not less than
73+ $100 or more than $5,000 for each violation. Each day a violation
74+ occurs or continues is a separate violation for purposes of
75+ imposing a penalty. The total amount of penalties [a penalty]
76+ assessed under this subsection for an on-site regulatory visit or
77+ complaint investigation, regardless of the duration of any ongoing
78+ violations, [for each day a violation occurs or continues] may not
79+ exceed:
80+ (1) $5,000 for a facility with fewer than 60 beds; and
8181 (2) $25,000 for a facility with 60 beds or more.
8282 SECTION 4. Section 161.089, Human Resources Code, is
8383 amended by amending Subsection (c) and adding Subsection (c-1) to
8484 read as follows:
8585 (c) After consulting with appropriate stakeholders, the
86- executive commissioner shall develop and adopt rules regarding
87- the imposition of administrative penalties under this section.
88- The rules must:
86+ executive commissioner shall develop and adopt rules regarding the
87+ imposition of administrative penalties under this section. The
88+ rules must:
8989 (1) specify the types of violations that warrant
9090 imposition of an administrative penalty;
9191 (2) establish a schedule of progressive
9292 administrative penalties in accordance with the relative type,
9393 frequency, and seriousness of a violation;
9494 (3) prescribe reasonable amounts to be imposed for
95- each violation giving rise to an administrative penalty, subject
96- to Subdivision (4);
95+ each violation giving rise to an administrative penalty, subject to
96+ Subdivision (4);
9797 (4) authorize the imposition of an administrative
9898 penalty in an amount not to exceed $5,000 for each violation;
9999 (5) provide that a provider commits a separate
100100 violation each day the provider continues to violate the law or
101101 rule;
102102 (6) ensure standard and consistent application of
103103 administrative penalties throughout the state; [and]
104- (7) provide for an administrative appeals process
105- to adjudicate claims and appeals relating to the imposition of an
104+ (7) provide for an administrative appeals process to
105+ adjudicate claims and appeals relating to the imposition of an
106106 administrative penalty under this section that is in accordance
107107 with Chapter 2001, Government Code; and
108- (8) ensure standard and consistent interpretation
109- of service delivery rules and consistent application of
108+ (8) ensure standard and consistent interpretation of
109+ service delivery rules and consistent application of
110110 administrative penalties throughout this state.
111111 (c-1) On adoption of the rules under Subsection (c), the
112- executive commissioner shall develop interpretative guidelines
113- for regulatory staff and providers regarding the imposition of
112+ executive commissioner shall develop interpretative guidelines for
113+ regulatory staff and providers regarding the imposition of
114114 administrative penalties under this section.
115115 SECTION 6. Not later than December 1, 2021, the executive
116116 commissioner of the Health and Human Services Commission shall
117- adopt the rules necessary to implement Section 252.065(b),
118- Health and Safety Code, as amended by this Act, and Section
119- 161.089, Human Resources Code, as amended by this Act.
120- SECTION 7. The Health and Human Services Commission may
121- not assess a penalty under Section 161.089, Human Resources Code,
122- as amended by this Act, until the executive commissioner of the
123- Health and Human Services Commission:
117+ adopt the rules necessary to implement Section 252.065(b), Health
118+ and Safety Code, as amended by this Act, and Section 161.089, Human
119+ Resources Code, as amended by this Act.
120+ SECTION 7. The Health and Human Services Commission may not
121+ assess a penalty under Section 161.089, Human Resources Code, as
122+ amended by this Act, until the executive commissioner of the Health
123+ and Human Services Commission:
124124 (1) adopts the rules necessary to implement Section
125125 161.089(c)(8), Human Resources Code, as added by this Act; and
126- (2) develops the interpretive guidelines required
127- by Section 161.089(c-1), Human Resources Code, as added by this
128- Act.
129- Explanation: The changes are necessary to implement
130- certain changes to law relating to the imposition of
131- administrative penalties against certain long-term care
132- facilities, including a change to the amount of an administrative
133- penalty for certain violations committed by intermediate care
134- facilities for individuals with an intellectual disability and a
135- change to ensure the executive commissioner of the Health and
136- Human Services Commission adopts standard and consistent rules
137- relating to the interpretation and consistent application of
138- administrative penalties against certain long-term care
139- facilities.
140- _______________________________
141- President of the Senate
142- I hereby certify that the
143- above Resolution was adopted by
144- the Senate on May 30, 2021, by the
145- following vote: Yeas 31, Nays 0.
146- _______________________________
147- Secretary of the Senate
126+ (2) develops the interpretive guidelines required by
127+ Section 161.089(c-1), Human Resources Code, as added by this Act.
128+ Explanation: The changes are necessary to implement certain
129+ changes to law relating to the imposition of administrative
130+ penalties against certain long-term care facilities, including a
131+ change to the amount of an administrative penalty for certain
132+ violations committed by intermediate care facilities for
133+ individuals with an intellectual disability and a change to ensure
134+ the executive commissioner of the Health and Human Services
135+ Commission adopts standard and consistent rules relating to the
136+ interpretation and consistent application of administrative
137+ penalties against certain long-term care facilities.