Enrolled Bill Summary

            Under previous law, regulation of the intermediate care facilities and mental retardation (ICF/MR) program was codified in Chapter 242 of the Health and Safety Code, relating to convalescent and nursing homes and related institutions. Senate Bill 1248 amends the Health and Safety Code to create a new Chapter 252 containing regulations for ICF/MRs. Among other changes made in the recodification, the Texas Department of Human Services is authorized to delegate to local public health officials of a municipality or county the power to inspect and make recommendations concerning an ICF/MR facility. A license or renewal fee is established as an allowable cost for reimbursement under the state Medicaid program, and an increase in the amount of a fee is required to be reflected in prospective reimbursement rates. The list of minimum standards that the board may adopt is expanded to include the reporting and investigation of injuries, procedures to ensure resident safety, and standards relating to behavior management and quality of life. The department is authorized, rather than required, to invite a citizen advocate to participate in a facility inspection and the department is required to adopt rules relating to the administration of medication in ICF/MR facilities.

            Senate Bill 1248 reduces the maximum amount of an administrative penalty from $10,000 to $5,000, and guidelines governing the assessment of penalties are set forth. The attorney general is required to bring and conduct a suit to collect a civil penalty. The act also deletes requirements relating to dental examinations and quality improvement in a facility and removes ICF/MRs from provisions relating to protective services for the elderly and disabled.

T            he act takes effect September 1, 1997, except for a provision removing certain residential facilities from the definition of an institution, which takes effect January 1, 1998.