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R E S O L U T I O N
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, Regular Session, 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on House |
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Bill 3720 (long-term care facilities for and Medicaid waiver |
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programs available to certain individuals, including individuals |
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with intellectual and developmental disabilities) to consider and |
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take action on the following matters: |
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(1) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement by omitting proposed |
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Section 531.06035, Government Code, and the transition language |
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associated with that section. The omitted text imposes a duty on |
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the Health and Human Services Commission to conduct a medical |
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necessity assessment of a child who receives Supplemental Security |
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Income (SSI) before placing the child on the interest list for the |
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medically dependent children (MDCP) program. |
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Explanation: The omission of the text is necessary to remove |
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the duty imposed on the Health and Human Services Commission to |
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conduct certain medical necessity assessments of a child who |
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receives Supplemental Security Income (SSI) before placing the |
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child on the interest list for the medically dependent children |
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(MDCP) program. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following new SECTION to |
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the bill: |
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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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Explanation: This addition is necessary to change the |
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composition of the Texas Long-Term Care Facilities Council to |
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include at least one member who is a community-based provider at |
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certain intermediate care facilities. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following new SECTIONS |
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to the bill: |
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SECTION 3. 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 4. Section 161.089, Human Resources Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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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 each 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; and |
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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. |
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(c-1) On adoption of the rules under Subsection (c), the |
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executive commissioner shall develop interpretative guidelines for |
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regulatory staff and providers regarding the imposition of |
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administrative penalties under this section. |
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SECTION 6. 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 Section 252.065(b), Health |
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and Safety Code, as amended by this Act, and Section 161.089, Human |
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Resources Code, as amended by this Act. |
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SECTION 7. 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: |
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(1) adopts the rules necessary to implement Section |
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161.089(c)(8), Human Resources Code, as added by this Act; and |
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(2) develops the interpretive guidelines required by |
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Section 161.089(c-1), Human Resources Code, as added by this Act. |
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Explanation: The changes are necessary to implement certain |
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changes to law relating to the imposition of administrative |
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penalties against certain long-term care facilities, including a |
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change to the amount of an administrative penalty for certain |
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violations committed by intermediate care facilities for |
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individuals with an intellectual disability and a change to ensure |
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the executive commissioner of the Health and Human Services |
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Commission adopts standard and consistent rules relating to the |
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interpretation and consistent application of administrative |
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penalties against certain long-term care facilities. |