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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on administrative penalties assessed against a |
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substance use disorder service provider and to requiring the Health |
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and Human Services Commission to provide administrative penalty |
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schedules on the commission's Internet website. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this Act: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Substance use disorder service provider" means a |
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person licensed or regulated under Chapter 464, Health and Safety |
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Code. |
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(b) The commission shall conduct a study to evaluate certain |
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administrative penalties assessed by the commission against |
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substance use disorder service providers. |
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(c) In conducting the study, the commission shall evaluate: |
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(1) the effect of administrative penalties assessed |
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against substance use disorder service providers on or before the |
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repeal of 25 T.A.C. Sections 442.101, 442.102, 442.103, and 442.104 |
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on March 1, 2020; |
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(2) the impact on substance use disorder service |
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providers since March 1, 2020, of administrative penalties assessed |
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against providers under the provisions listed in Subdivision (1) of |
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this subsection; |
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(3) the economic impact on substance use disorder |
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service providers of the change in the administrative penalty |
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schedule since March 1, 2020; |
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(4) the effect of the changes described by |
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Subdivisions (1), (2), and (3) of this subsection on the ability of |
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a substance use disorder service provider to provide services in |
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this state; and |
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(5) whether the administrative penalty schedule |
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relating to substance use disorder service providers adopted after |
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March 1, 2020, is appropriate. |
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(d) Not later than January 1, 2022, the commission shall |
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prepare and submit to the legislature a written report containing |
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the results of the study and any recommendations for legislative or |
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other action. |
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(e) This section expires September 1, 2023. |
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SECTION 2. Section 464.019, Health and Safety Code, is |
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amended by adding Subsection (s) to read as follows: |
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(s) The commission shall post on the commission's Internet |
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website current administrative penalty schedules applicable to a |
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person licensed or regulated under this chapter. The commission |
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shall ensure that the administrative penalties listed in the posted |
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schedules are accurate. |
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SECTION 3. This Act takes effect September 1, 2021. |