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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Long-Term Care Facilities |
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Council and rules related to and the imposition of administrative |
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penalties against certain long-term care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0581(b), Government Code, is amended |
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to read as follows: |
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(b) The executive commissioner shall establish a Long-Term |
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Care Facilities Council as a permanent advisory committee to the |
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commission. The council is composed of the following members |
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appointed by the executive commissioner: |
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(1) at least one member who is a for-profit nursing |
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facility provider; |
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(2) at least one member who is a nonprofit nursing |
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facility provider; |
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(3) at least one member who is an assisted living |
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services provider; |
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(4) at least one member responsible for survey |
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enforcement within the state survey and certification agency; |
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(5) at least one member responsible for survey |
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inspection within the state survey and certification agency; |
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(6) at least one member of the state agency |
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responsible for informal dispute resolution; |
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(7) at least one member with expertise in Medicaid |
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quality-based payment systems for long-term care facilities; |
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(8) at least one member who is a practicing medical |
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director of a long-term care facility; [and] |
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(9) at least one member who is a physician with |
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expertise in infectious disease or public health; and |
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(10) at least one member who is a community-based |
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provider at an intermediate care facility for individuals with |
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intellectual or developmental disabilities licensed under Chapter |
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252, Health and Safety Code. |
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SECTION 2. Section 252.065(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The penalty for a facility with fewer than 60 beds shall |
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be not less than $100 or more than $1,000 for each violation. The |
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penalty for a facility with 60 beds or more shall be not less than |
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$100 or more than $5,000 for each violation. Each day a violation |
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occurs or continues is a separate violation for purposes of |
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imposing a penalty. The total amount of penalties [a penalty] |
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assessed under this subsection for an on-site regulatory visit or |
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complaint investigation, regardless of the duration of any ongoing |
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violations, [for each day a violation occurs or continues] may not |
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exceed: |
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(1) $5,000 for a facility with fewer than 60 beds; and |
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(2) $25,000 for a facility with 60 beds or more. |
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SECTION 3. Section 161.089(c), Human Resources Code, is |
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amended to read as follows: |
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(c) After consulting with appropriate stakeholders, the |
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executive commissioner shall develop and adopt rules regarding the |
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imposition of administrative penalties under this section. The |
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rules must: |
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(1) specify the types of violations that warrant |
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imposition of an administrative penalty; |
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(2) establish a schedule of progressive |
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administrative penalties in accordance with the relative type, |
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frequency, and seriousness of a violation; |
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(3) prescribe reasonable amounts to be imposed for |
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each violation giving rise to an administrative penalty, subject to |
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Subdivision (4); |
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(4) authorize the imposition of an administrative |
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penalty in an amount not to exceed $5,000 for violations discovered |
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during each on-site regulatory visit or complaint investigation |
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[violation]; |
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(5) provide that a provider commits a separate |
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violation each day the provider continues to violate the law or |
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rule; |
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(6) ensure standard and consistent application of |
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administrative penalties throughout the state; [and] |
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(7) provide for an administrative appeals process to |
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adjudicate claims and appeals relating to the imposition of an |
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administrative penalty under this section that is in accordance |
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with Chapter 2001, Government Code; |
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(8) ensure standard and consistent interpretation of |
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service delivery rules and consistent application of |
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administrative penalties throughout this state; and |
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(9) include interpretative guidelines for regulatory |
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staff and providers regarding the imposition of administrative |
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penalties under this section. |
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SECTION 4. Not later than December 1, 2021, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement the changes in law made by |
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this Act. |
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SECTION 5. The Health and Human Services Commission may not |
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assess a penalty under Section 161.089, Human Resources Code, as |
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amended by this Act, until the executive commissioner of the Health |
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and Human Services Commission adopts the rules necessary to |
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implement Sections 161.089(c)(8) and (9), Human Resources Code, as |
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added by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |