BILL ANALYSIS C.S.H.B. 2358 By: Noble Human Services Committee Report (Substituted) BACKGROUND AND PURPOSE The bill's author has informed the committee that state law contains unnecessary, duplicative, outdated, and burdensome training requirements for long-term care facility surveyors that take away from surveyors' ability to focus on mission-critical activities, including investigations of non-compliance and abuse or neglect of vulnerable individuals. C.S.H.B. 2358 seeks to address this issue by repealing certain requirements related to training for long-term care facility surveyors, personnel, and providers and ICF-IID program providers. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2358 repeals provisions in the Health and Safety Code and the Human Resources Code that do the following: with respect to assisted living facilities, require surveyors, facility supervisors, and other appropriate staff to complete annual training developed by the Health and Human Services Commission (HHSC) regarding aging in place, retaliation, and other issues determined by HHSC; with respect to the ICF-IID program, require HHSC to at least annually sponsor a conference on the program to provide certain assistance and information to providers and authorize HHSC to provide program information by other means, including publications; and with respect to certain long-term care facilities, require the basic training program HHSC provides to surveyors to include the observation of an unrelated facility's operations for at least 10 working days within a 14-day period and authorize HHSC to waive that requirement for certain surveyors. C.S.H.B. 2358 repeals the following provisions: Section 247.066(h), Health and Safety Code; Section 533A.066, Health and Safety Code; and Sections 22.039(b-1) and (b-2), Human Resources Code. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2358 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute changes the bill's effective date to provide for its possible immediate effect, contingent on receiving the requisite constitutional vote, whereas the introduced provided only for the bill to take effect September 1, 2025, with no possibility for immediate effect.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2358
By: Noble
Human Services
Committee Report (Substituted)
C.S.H.B. 2358
By: Noble
Human Services
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill's author has informed the committee that state law contains unnecessary, duplicative, outdated, and burdensome training requirements for long-term care facility surveyors that take away from surveyors' ability to focus on mission-critical activities, including investigations of non-compliance and abuse or neglect of vulnerable individuals. C.S.H.B. 2358 seeks to address this issue by repealing certain requirements related to training for long-term care facility surveyors, personnel, and providers and ICF-IID program providers.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 2358 repeals provisions in the Health and Safety Code and the Human Resources Code that do the following: with respect to assisted living facilities, require surveyors, facility supervisors, and other appropriate staff to complete annual training developed by the Health and Human Services Commission (HHSC) regarding aging in place, retaliation, and other issues determined by HHSC; with respect to the ICF-IID program, require HHSC to at least annually sponsor a conference on the program to provide certain assistance and information to providers and authorize HHSC to provide program information by other means, including publications; and with respect to certain long-term care facilities, require the basic training program HHSC provides to surveyors to include the observation of an unrelated facility's operations for at least 10 working days within a 14-day period and authorize HHSC to waive that requirement for certain surveyors. C.S.H.B. 2358 repeals the following provisions: Section 247.066(h), Health and Safety Code; Section 533A.066, Health and Safety Code; and Sections 22.039(b-1) and (b-2), Human Resources Code.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2358 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute changes the bill's effective date to provide for its possible immediate effect, contingent on receiving the requisite constitutional vote, whereas the introduced provided only for the bill to take effect September 1, 2025, with no possibility for immediate effect.
BACKGROUND AND PURPOSE
The bill's author has informed the committee that state law contains unnecessary, duplicative, outdated, and burdensome training requirements for long-term care facility surveyors that take away from surveyors' ability to focus on mission-critical activities, including investigations of non-compliance and abuse or neglect of vulnerable individuals. C.S.H.B. 2358 seeks to address this issue by repealing certain requirements related to training for long-term care facility surveyors, personnel, and providers and ICF-IID program providers.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2358 repeals provisions in the Health and Safety Code and the Human Resources Code that do the following:
with respect to assisted living facilities, require surveyors, facility supervisors, and other appropriate staff to complete annual training developed by the Health and Human Services Commission (HHSC) regarding aging in place, retaliation, and other issues determined by HHSC;
with respect to the ICF-IID program, require HHSC to at least annually sponsor a conference on the program to provide certain assistance and information to providers and authorize HHSC to provide program information by other means, including publications; and
with respect to certain long-term care facilities, require the basic training program HHSC provides to surveyors to include the observation of an unrelated facility's operations for at least 10 working days within a 14-day period and authorize HHSC to waive that requirement for certain surveyors.
C.S.H.B. 2358 repeals the following provisions:
Section 247.066(h), Health and Safety Code;
Section 533A.066, Health and Safety Code; and
Sections 22.039(b-1) and (b-2), Human Resources Code.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2358 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute changes the bill's effective date to provide for its possible immediate effect, contingent on receiving the requisite constitutional vote, whereas the introduced provided only for the bill to take effect September 1, 2025, with no possibility for immediate effect.