Texas 2023 - 88th Regular

Texas Senate Bill SB1197 Compare Versions

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1	1	88R2903 MCF-D
2	2	By: Hall S.B. No. 1197
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to hospital reporting requirements regarding suspected
8	8	child abuse, exploitation, or neglect; authorizing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 241, Health and Safety Code, is amended
12	12	by adding Subchapter M to read as follows:
13	13	SUBCHAPTER M. CHILD ABUSE, EXPLOITATION, OR NEGLECT REPORTING
14	14	REQUIREMENTS
15	15	Sec. 241.401. SUSPECTED CHILD ABUSE, EXPLOITATION, OR
16	16	NEGLECT REPORTS. (a) In this section, "abuse," "exploitation,"
17	17	and "neglect" have the meanings assigned by Section 261.001, Family
18	18	Code.
19	19	(b) Not later than the fifth day of each month, a hospital
20	20	shall submit a report to the commission containing the following
21	21	information:
22	22	(1) the number of reports made during the preceding
23	23	month by the hospital or an agent or employee of the hospital to the
24	24	Department of Family and Protective Services under Chapter 261,
25	25	Family Code, regarding alleged or suspected abuse, exploitation, or
26	26	neglect of a child;
27	27	(2) whether the hospital informed the parent, legal
28	28	guardian, managing conservator, or possessory conservator of a
29	29	child that is the subject of a report described by Subdivision (1)
30	30	that the parent, legal guardian, managing conservator, or
31	31	possessory conservator may obtain an alternative opinion regarding
32	32	the alleged or suspected abuse, exploitation, or neglect of the
33	33	child; and
34	34	(3) any code the hospital used for purposes of
35	35	diagnosing or treating a child that is the subject of a report
36	36	described by Subdivision (1), including, as applicable, the Current
37	37	Procedural Terminology (CPT) code, the Diagnosis Related Group
38	38	(DRG) code, the International Classification of Diseases (ICD)
39	39	code, or another common identifier.
40	40	(c) A hospital shall submit the report required under
41	41	Subsection (b) in the form and manner prescribed by commission
42	42	rule.
43	43	Sec. 241.402. ADMINISTRATIVE PENALTY. (a) The commission
44	44	may impose an administrative penalty on a hospital that violates
45	45	Section 241.401.
46	46	(b) Before imposing an administrative penalty on a hospital
47	47	under Subsection (a), the commission must provide written notice to
48	48	the hospital that:
49	49	(1) the hospital is in violation of Section 241.401
50	50	because the hospital has failed to timely submit a report required
51	51	under that section;
52	52	(2) the hospital has 15 days to submit the required
53	53	report; and
54	54	(3) if the hospital does not submit the required
55	55	report within 15 days of receiving notice of the violation, the
56	56	hospital will be subject to an administrative penalty for each day
57	57	the violation continues.
58	58	(c) The commission shall set an administrative penalty
59	59	imposed under this section in an amount sufficient to ensure
60	60	compliance by hospitals with Section 241.401, subject to the
61	61	limitations prescribed by Subsection (d).
62	62	(d) For a hospital with one of the following total gross
63	63	revenues as reported to the Centers for Medicare and Medicaid
64	64	Services or to another entity designated by commission rule in the
65	65	year preceding the year in which an administrative penalty is
66	66	imposed under this section, the penalty imposed by the commission
67	67	may not exceed:
68	68	(1) $10 for each day the hospital violates Section
69	69	241.401, beginning on the 16th day after the date the hospital
70	70	received notice from the commission, if the hospital's total gross
71	71	revenue is less than $10,000,000;
72	72	(2) $100 for each day the hospital violates Section
73	73	241.401, beginning on the 16th day after the date the hospital
74	74	received notice from the commission, if the hospital's total gross
75	75	revenue is $10,000,000 or more and less than $100,000,000; and
76	76	(3) $1,000 for each day the hospital violates Section
77	77	241.401, beginning on the 16th day after the date the hospital
78	78	received notice from the commission, if the hospital's total gross
79	79	revenue is $100,000,000 or more.
80	80	(e) Each day a violation continues is considered a separate
81	81	violation.
82	82	(f) Notwithstanding any other provision of this section, an
83	83	administrative penalty ceases to be incurred on the date a
84	84	violation is corrected.
85	85	(g) In determining the amount of an administrative penalty
86	86	to impose on a hospital under this section, the commission shall
87	87	consider:
88	88	(1) previous violations by the hospital;
89	89	(2) the seriousness of the violation;
90	90	(3) the demonstrated good faith of the hospital; and
91	91	(4) any other matters as justice may require.
92	92	(h) An administrative penalty collected under this section
93	93	shall be deposited to the credit of an account in the general
94	94	revenue fund administered by the commission. Money in the account
95	95	may be appropriated only to the commission.
96	96	Sec. 241.403. SUMMARY REPORT. The commission shall submit
97	97	a written quarterly report to the legislature summarizing the
98	98	reports submitted to the commission under Section 241.401 during
99	99	the preceding quarter.
100	100	Sec. 241.404. RULES. The executive commissioner shall
101	101	adopt rules necessary to implement this subchapter.
102	102	SECTION 2. This Act takes effect September 1, 2023.