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Senate Bill 223 |
Senate Author: Nelson |
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Effective: 9-1-11 |
House Sponsor: Gonzalez, Naomi |
Senate Bill 223 amends provisions of the Health and Safety Code, Government Code, and Human Resources Code relating to home and community support services agencies, nursing institutions, adult day-care facilities, certain long-term care facilities, and the prevention of criminal or fraudulent conduct by certain facilities and providers under Medicaid. The bill sets out requirements relating to a survey conducted by a Department of Aging and Disability Services (DADS) representative and prohibits DADS from renewing an agency license without an initial on-site survey. The bill includes requirements for DADS to provide semiannual training for home and community support services agencies and surveyors and surveyors and providers of long-term care facilities, requires a home and community support services agency license holder to report a change in certain information provided in a license application, and authorizes the executive commissioner of the Health and Human Services Commission (HHSC) to adopt rules governing the duties and responsibilities of home and community services agency administrators. Previous law required the attorney general, in addition to DADS, to prepare a performance report relating to convalescent and nursing homes. The bill removes the attorney general from this requirement, authorizes DADS to consider and evaluate the compliance history of an applicant for a convalescent or nursing home license and other specified persons for any period during which the applicant or other person operated an institution in Texas or in another state or jurisdiction, and removes the 10-year time limit on the period for which a person may be excluded from eligibility for a convalescent and nursing home license once the person's license has been denied, suspended, or revoked.
Senate Bill 223 makes provisions relating to criminal history checks of employees and applicants for employment in certain facilities serving the elderly, persons with disabilities, or persons with terminal illnesses apply to a financial management services agency serving as a fiscal and employer agent for an individual employer participating in the consumer-directed service option and such an individual employer. The bill revises provisions entitling HHSC or the office of inspector general to certain criminal history record information relating to a Medicaid provider, requiring the office to impose a hold on payment for claims for reimbursement submitted by a Medicaid provider, and establishing a participating agency's duty to exchange certain criminal history record information. The bill includes provisions relating to disclosures required to be made by a Medicaid provider or person applying to enroll as a provider, violations for failure to maintain required documentation to support a Medicaid claim for payment or other conduct in violation of the Medicaid program, and the penalty for such a violation. The bill authorizes DADS to assess an administrative penalty against a person who violates the Adult Day Care Act or engages in certain prohibited activities.