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House Bill 2972 |
House Author: Coleman |
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Effective: 9-1-09 |
Senate Sponsor: Van de Putte |
House Bill 2972 amends the Health and Safety Code to require the executive commissioner of the Health and Human Services Commission to adopt rules, not later than June 1, 2010, to implement an expedited fire safety inspection process through which convalescent and nursing home and related institution license holders or license applicants may obtain a life safety code and physical plant inspection within 15 days of the request. The rules are required to permit the Department of Aging and Disability Services (DADS) to charge a fee for the expedited inspection that may vary based on the size and type of the institution.
Under previous law DADS was authorized to issue a provisional license to newly constructed assisted living facilities if certain conditions were met; House Bill 2972 instead requires DADS to issue such a license under those same conditions and additionally requires the license applicant to submit working drawings and specifications for review before beginning construction. The bill also requires DADS to conduct a life safety code inspection of a facility as soon as possible after issuing a provisional license and, following a passed inspection, to issue a license if the applicant meets all necessary requirements. The bill authorizes DADS to collect an additional fee for conducting more than two life safety code inspections at an applicant's facility and requires DADS to annually report the number of life safety code surveys for an initial assisted living facility license.
House Bill 2972 clarifies that a controlling person of a convalescent and nursing home or a related institution, an assisted living facility, or a business entity that operates such an entity that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation but not a shareholder or lender.