By: Kolkhorst S.R. No. 552
SENATE RESOLUTION
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 30, 2021, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate