Texas 2025 - 89th Regular

Texas Senate Bill SB2269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	2025S0125-1 02/21/25
1	2		By: Perry S.B. No. 2269
2		-	(In the Senate - Filed March 11, 2025; March 25, 2025, read
3		-	first time and referred to Committee on Health & Human Services;
4		-	April 28, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 28, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2269 By: Perry
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13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to dispute resolution for and enforcement actions against
16	10		certain long-term care facilities.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18		-	SECTION 1. Section 526.0202, Government Code, is amended by
19		-	adding Subsection (b-1) to read as follows:
	12	+	SECTION 1. Section 526.0202, Government Code, as effective
	13	+	April 1, 2025, is amended by adding Subsection (b-1) to read as
	14	+	follows:
20	15		(b-1) A decision under the informal dispute resolution
21	16		process by the contracting person adjudicating a dispute between
22	17		the commission and a facility described by Subsection (b) is
23		-	binding on the commission and cannot be overturned by the
24		-	commission.
	18	+	binding and may not be overturned by the commission.
25	19		SECTION 2. Section 242.002, Health and Safety Code, is
26	20		amended by adding Subdivision (13) to read as follows:
27	21		(13) "Retaliate" means an adverse action by the
28	22		commission in response to a good faith action by a nursing facility
29	23		responding to a commission decision negatively affecting the
30	24		nursing facility.
31	25		SECTION 3. Section 242.070, Health and Safety Code, is
32	26		amended to read as follows:
33	27		Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission
34	28		[department] may not assess more than one monetary penalty under
35	29		this chapter and Chapter 32, Human Resources Code, for a violation
36	30		arising out of the same act or failure to act, except as provided by
37	31		Section 242.0665(c). The commission [department] may assess the
38	32		greater of a monetary penalty under this chapter or a monetary
39	33		penalty under Chapter 32, Human Resources Code, for the same act or
40	34		failure to act.
41	35		(b) The commission may not impose an administrative penalty
42	36		under this chapter and Chapter 32, Human Resources Code, against a
43	37		nursing facility for a violation arising out of the same act or
44	38		failure to act that is the subject of:
45	39		(1) a penalty imposed by the Centers for Medicare and
46	40		Medicaid Services under 42 C.F.R. Section 488.408 against the
47	41		facility; or
48	42		(2) a penalty the facility appeals under 42 C.F.R.
49	43		Part 498 before the facility exhausts all rights of appeal if:
50	44		(A) the federal requirement is the same or
51	45		substantially similar to a requirement in this chapter or Chapter
52	46		32, Human Resources Code; and
53	47		(B) Subdivision (1) does not apply.
54	48		SECTION 4. Subchapter C, Chapter 242, Health and Safety
55	49		Code, is amended by adding Section 242.075 to read as follows:
56	50		Sec. 242.075. PROHIBITED RETALIATION. The commission may
57	51		not retaliate against a nursing facility in response to the
58	52		facility in good faith appealing a commission decision or filing
59	53		another action to counter a commission action against the facility.
60	54		SECTION 5. The changes in law made by this Act apply only to
61	55		a violation that occurs on or after the effective date of this Act.
62	56		A violation that occurs before the effective date of this Act is
63	57		governed by the law as it existed immediately before the effective
64	58		date of this Act, and that law is continued in effect for that
65	59		purpose.
66	60		SECTION 6. This Act takes effect September 1, 2025.
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