By: Perry S.B. No. 2269
(In the Senate - Filed March 11, 2025; March 25, 2025, read
first time and referred to Committee on Health & Human Services;
April 28, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 28, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2269 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to dispute resolution for and enforcement actions against
certain long-term care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 526.0202, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A decision under the informal dispute resolution
process by the contracting person adjudicating a dispute between
the commission and a facility described by Subsection (b) is
binding on the commission and cannot be overturned by the
commission.
SECTION 2. Section 242.002, Health and Safety Code, is
amended by adding Subdivision (13) to read as follows:
(13) "Retaliate" means an adverse action by the
commission in response to a good faith action by a nursing facility
responding to a commission decision negatively affecting the
nursing facility.
SECTION 3. Section 242.070, Health and Safety Code, is
amended to read as follows:
Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission
[department] may not assess more than one monetary penalty under
this chapter and Chapter 32, Human Resources Code, for a violation
arising out of the same act or failure to act, except as provided by
Section 242.0665(c). The commission [department] may assess the
greater of a monetary penalty under this chapter or a monetary
penalty under Chapter 32, Human Resources Code, for the same act or
failure to act.
(b) The commission may not impose an administrative penalty
under this chapter and Chapter 32, Human Resources Code, against a
nursing facility for a violation arising out of the same act or
failure to act that is the subject of:
(1) a penalty imposed by the Centers for Medicare and
Medicaid Services under 42 C.F.R. Section 488.408 against the
facility; or
(2) a penalty the facility appeals under 42 C.F.R.
Part 498 before the facility exhausts all rights of appeal if:
(A) the federal requirement is the same or
substantially similar to a requirement in this chapter or Chapter
32, Human Resources Code; and
(B) Subdivision (1) does not apply.
SECTION 4. Subchapter C, Chapter 242, Health and Safety
Code, is amended by adding Section 242.075 to read as follows:
Sec. 242.075. PROHIBITED RETALIATION. The commission may
not retaliate against a nursing facility in response to the
facility in good faith appealing a commission decision or filing
another action to counter a commission action against the facility.
SECTION 5. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2025.
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