Texas 2025 - 89th Regular

Texas House Bill HB4670 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Manuel H.B. No. 4670
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to dispute resolution for and enforcement actions against
7	9		certain long-term care facilities.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 526.0202, Government Code, as effective
10	12		April 1, 2025, is amended by adding Subsection (b-1) to read as
11	13		follows:
12	14		(b-1) A decision under the informal dispute resolution
13	15		process by the contracting person adjudicating a dispute between
14	16		the commission and a facility described by Subsection (b) is
15	17		binding on the parties and cannot be overturned by the commission.
16	18		SECTION 2. Section 242.002, Health and Safety Code, is
17	19		amended by adding Subdivision (13) to read as follows:
18	20		(13) "Retaliate" means an adverse action by the
19	21		commission in response to a good faith action by a nursing facility
20	22		responding to a commission decision negatively affecting the
21	23		nursing facility.
22	24		SECTION 3. Section 242.070, Health and Safety Code, is
23	25		amended to read as follows:
24	26		Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission
25	27		[department] may not assess more than one monetary penalty under
26	28		this chapter and Chapter 32, Human Resources Code, for a violation
27	29		arising out of the same act or failure to act, except as provided by
28	30		Section 242.0665(c). The commission [department] may assess the
29	31		greater of a monetary penalty under this chapter or a monetary
30	32		penalty under Chapter 32, Human Resources Code, for the same act or
31	33		failure to act.
32	34		(b) The commission may not impose an administrative penalty
33	35		under this chapter and Chapter 32, Human Resources Code, against a
34	36		nursing facility for a violation arising out of the same act or
35	37		failure to act that is the subject of:
36	38		(1) a penalty imposed by the Centers for Medicare and
37	39		Medicaid Services under 42 C.F.R. Section 488.408 against the
38	40		facility; or
39	41		(2) a penalty the facility appeals under 42 C.F.R.
40	42		Part 498 before the facility exhausts all rights of appeal if:
41	43		(A) the federal requirement is the same or
42	44		substantially similar to a requirement in this chapter or Chapter
43	45		32, Human Resources Code; and
44	46		(B) Subdivision (1) does not apply.
45	47		SECTION 4. Subchapter C, Chapter 242, Health and Safety
46	48		Code, is amended by adding Section 242.075 to read as follows:
47	49		Sec. 242.075. PROHIBITED RETALIATION. The commission may
48	50		not retaliate against a nursing facility in response to the
49	51		facility in good faith appealing a commission decision or filing
50	52		another action to counter a commission action against the facility.
51	53		SECTION 5. The changes in law made by this Act apply only to
52	54		a violation that occurs on or after the effective date of this Act.
53	55		A violation that occurs before the effective date of this Act is
54	56		governed by the law as it existed immediately before the effective
55	57		date of this Act, and that law is continued in effect for that
56	58		purpose.
57	59		SECTION 6. This Act takes effect September 1, 2025.