Enrolled Bill Summary

            Senate Bill 190 amends the Health and Safety Code and the Human Resources Code relating to requirements and enforcement of requirements for nursing facilities. The act requires the Texas Department of Human Services to adopt rules and minimum standards that are at least as stringent as those required by federal Medicaid law and authorizes the department to adopt rules and standards that are more stringent. It directs the department to consider in determining licensure of a nursing facility relevant background information from those who own, operate, and control the facility.

            Senate Bill 190 increases nursing facility licensing fees and broadens the duties of the Texas Board of Human Services relating to nursing facility regulation. It establishes an administrative penalty, increases the allowed civil penalties, gives a facility the right to correct certain violations without paying an administrative penalty, and clarifies provisions relating to arbitration. The act increases to a third-degree felony the penalty for unlawful disclosure of information relating to an unannounced inspection and authorizes the state to seek satisfaction from any owner, controlling person, or affiliate of a person who is found liable for and fails to pay a civil penalty.

            Senate Bill 190 expands the list of offenses for which a person may be barred from employment with a facility in a position that involves direct contact with the facility's clients. The act requires, rather than authorizes, the department to include in its contracts for nursing home services monetary penalties for violations and requires the department to provide for an informal dispute resolution process. In addition, the department is required to establish procedures that take occupancy rates into account for controlling the number of Medicaid beds in nursing facilities, decertification of unused Medicaid beds in nursing facilities, and reallocation of unused Medicaid beds in nursing facilities.

            The act establishes requirements for nursing facilities relating to quality of care, quality of life, and rights of residents and requires the department to adopt certain related minimum standards. It also includes requirements relating to the investigation of a complaint of abuse or neglect in a nursing facility.

            Senate Bill 190 also establishes a long-term care legislative oversight committee and directs the committee to review specific recommendations for legislation proposed by the department or the attorney general relating to nursing facility rules and regulations and other long-term care issues.