1-1  By:  McDonald, et al. (Senate Sponsor - Zaffirini)    H.B. No. 1551
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 20, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 7, Nays
    1-6  0; May 20, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla                                         x    
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth                                     x    
   1-18  COMMITTEE SUBSTITUTE FOR H.B. No. 1551               By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to home care and community support services.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  The heading of Chapter 142, Health and Safety
   1-24  Code, is amended to read as follows:
   1-25      CHAPTER 142.  HOME AND COMMUNITY SUPPORT <HEALTH> SERVICES
   1-26        SECTION 2.  The heading of Subchapter A, Chapter 142, Health
   1-27  and Safety Code, is amended to read as follows:
   1-28      SUBCHAPTER A.  HOME AND COMMUNITY SUPPORT <HEALTH> SERVICES
   1-29                          LICENSE <LICENSES>
   1-30        SECTION 3.  Section 142.001, Health and Safety Code, is
   1-31  amended to read as follows:
   1-32        Sec. 142.001.  DEFINITIONS.  In this chapter:
   1-33              (1)  "Administrative support site" means a facility or
   1-34  site where a home and community support services agency performs
   1-35  administrative and other support functions but does not provide
   1-36  direct home health, hospice, or personal assistance services.
   1-37              (2)  "Alternate delivery site" means a facility or
   1-38  site, including a residential unit or an inpatient unit:
   1-39                    (A)  that is owned or operated by a hospice;
   1-40                    (B)  that is not the hospice's principal place of
   1-41  business;
   1-42                    (C)  that is located in the geographical area
   1-43  served by the hospice; and
   1-44                    (D)  from which the hospice provides hospice
   1-45  services.
   1-46              (3)  "Bereavement" means the process by which a
   1-47  survivor of a deceased person mourns and experiences grief.
   1-48              (4)  "Bereavement services" means support services
   1-49  offered to a family during bereavement.
   1-50              (5)  "Branch office" means a facility or site in the
   1-51  geographical area served by a home and community support agency
   1-52  where home health or personal assistance services are delivered or
   1-53  active client records are maintained.
   1-54              (6)  "Certified agency" means a home and community
   1-55  support services agency that <person who>:
   1-56                    (A)  provides a home health service; and
   1-57                    (B)  is certified by an official of the
   1-58  Department of Health and Human Services as in compliance with
   1-59  conditions of participation in Title XVIII, Social Security Act (42
   1-60  U.S.C. Section 1395 et seq.).
   1-61              (7)  "Certified home health services" means home health
   1-62  services that are provided by a certified agency.
   1-63              (8) <(2)>  "Council" means the Home and Community
   1-64  Support <Health> Services Advisory Council.
   1-65              (9)  "Counselor" means an individual qualified under
   1-66  Medicare standards to provide counseling services, including
   1-67  bereavement, dietary, spiritual, and other counseling services, to
   1-68  both the client and the family.
    2-1              <(3)  "Health service" means:>
    2-2                    <(A)  nursing;>
    2-3                    <(B)  physical, occupational, speech, or
    2-4  respiratory therapy;>
    2-5                    <(C)  a medical social service;>
    2-6                    <(D)  the service of a home health aide;>
    2-7                    <(E)  the furnishing of medical equipment and
    2-8  supplies, excluding drugs and medicines; or>
    2-9                    <(F)  nutritional counseling.>
   2-10              (10) <(4)>  "Home and community support services
   2-11  <health> agency" means a person who provides home health, hospice,
   2-12  or personal assistance services for pay or other consideration in a
   2-13  client's residence, an independent living environment, or another
   2-14  appropriate location <place of business, including a hospice, that
   2-15  provides a home health service>.
   2-16              (11) <(5)>  "Home health service" means the provision
   2-17  of one or more of the following health services required by an
   2-18  individual in a residence or independent living environment:
   2-19                    (A)  nursing;
   2-20                    (B)  physical, occupational, speech, or
   2-21  respiratory therapy;
   2-22                    (C)  medical social service;
   2-23                    (D)  intravenous therapy;
   2-24                    (E)  dialysis;
   2-25                    (F)  service provided by unlicensed personnel
   2-26  under the delegation of a licensed health professional;
   2-27                    (G)  the furnishing of medical equipment and
   2-28  supplies, excluding drugs and medicines; or
   2-29                    (H)  nutritional counseling<, for pay or other
   2-30  consideration, of a health service in a patient's residence.  The
   2-31  term does not include the provision of care under an attendant care
   2-32  program administered by the Texas Department of Human Services>.
   2-33              (12)  "Hospice" means a person licensed under this
   2-34  chapter to provide hospice services, including a person who owns or
   2-35  operates a residential unit or an inpatient unit.
   2-36              (13)  "Hospice services" means services, including
   2-37  services provided by unlicensed personnel under the delegation of a
   2-38  registered nurse or physical therapist, provided to a client or a
   2-39  client's family as part of a coordinated program consistent with
   2-40  the standards and rules adopted under this chapter.  These services
   2-41  include palliative care for terminally ill clients and support
   2-42  services for clients and their families that:
   2-43                    (A)  are available 24 hours a day, seven days a
   2-44  week, during the last stages of illness, during death, and during
   2-45  bereavement;
   2-46                    (B)  are provided by a medically directed
   2-47  interdisciplinary team; and
   2-48                    (C)  may be provided in a home, nursing home,
   2-49  residential unit, or inpatient unit according to need.
   2-50              (14)  "Inpatient unit" means a facility that provides a
   2-51  continuum of medical or nursing care and other hospice services to
   2-52  clients admitted into the unit and that is in compliance with:
   2-53                    (A)  the conditions of participation for
   2-54  inpatient units adopted under Title XVIII, Social Security Act (42
   2-55  U.S.C. Section 1395 et seq.); and
   2-56                    (B)  standards adopted under this chapter.
   2-57              (15)  "Independent living environment" means:
   2-58                    (A)  a client's individual residence, which may
   2-59  include a group home or foster home; or
   2-60                    (B)  other settings where a client participates
   2-61  in activities, including school, work, or church.
   2-62              (16)  "Interdisciplinary team" means a group of
   2-63  individuals who work together in a coordinated manner to provide
   2-64  hospice services and must include a physician, registered nurse,
   2-65  social worker, and counselor.
   2-66              (17)  "Investigation" means an inspection or survey
   2-67  conducted by a representative of the department to determine if a
   2-68  licensee is in compliance with this chapter.
   2-69              (18)  "Palliative care" means intervention services
   2-70  that focus primarily on the reduction or abatement of physical,
    3-1  psychosocial, and spiritual symptoms of a terminal illness.
    3-2              (19) <(6)>  "Person" means an individual, corporation,
    3-3  or association.
    3-4              (20)  "Personal assistance service" means routine
    3-5  ongoing care or services required by an individual in a residence
    3-6  or independent living environment that enable the individual to
    3-7  engage in the activities of daily living or to perform the physical
    3-8  functions required for independent living, including respite
    3-9  services.  The term includes health-related services performed
   3-10  under circumstances that are defined as not constituting the
   3-11  practice of professional nursing by the Board of Nurse Examiners
   3-12  through a memorandum of understanding with the department in
   3-13  accordance with Section 142.016 and health-related tasks provided
   3-14  by unlicensed personnel under the delegation of a registered nurse.
   3-15              (21) <(7)>  "Place of business" means an office of a
   3-16  home and community support services <health> agency that maintains
   3-17  client <patient> records or directs home health, hospice, or
   3-18  personal assistance services.  The term does not include an
   3-19  administrative support site <includes a suboffice, a branch office,
   3-20  a workroom, or any other subsidiary location>.
   3-21              (22) <(8)>  "Residence" means a place where a person
   3-22  resides and includes a home, a nursing home, <or> a convalescent
   3-23  home, or a residental unit <for the disabled or aged>.
   3-24              (23)  "Residential unit" means a facility that provides
   3-25  living quarters and hospice services to clients admitted into the
   3-26  unit and that is in compliance with standards adopted under this
   3-27  chapter.
   3-28              (24)  "Respite services" means support options that are
   3-29  provided temporarily for the purpose of relief for a primary
   3-30  caregiver in providing care to individuals of all ages with
   3-31  disabilities or at risk of abuse or neglect.
   3-32              (25)  "Social worker" means an individual certified as
   3-33  a social worker under Chapter 50, Human Resources Code.
   3-34              (26)  "Support services" means social, spiritual, and
   3-35  emotional care provided to a client and a client's family by a
   3-36  hospice.
   3-37              (27)  "Terminal illness" means an illness for which
   3-38  there is a limited prognosis if the illness runs its usual course.
   3-39              (28)  "Volunteer" means an individual who provides
   3-40  assistance to a home and community support services agency without
   3-41  compensation other than reimbursement for actual expenses.
   3-42        SECTION 4.  Section 142.002, Health and Safety Code, is
   3-43  amended to read as follows:
   3-44        Sec. 142.002.  License Required.  (a)  Except as provided by
   3-45  Section 142.003, a <A> person, including a health care facility
   3-46  licensed under this code, may not engage in the business of
   3-47  providing home health, hospice, or personal assistance services, or
   3-48  represent to the public that the person is a provider of home
   3-49  health, hospice, or personal assistance services for pay <services>
   3-50  without a home and community support services agency license
   3-51  authorizing the person to perform those services <an appropriate
   3-52  license> issued by the department for each place of business from
   3-53  which home health, hospice, or personal assistance services are
   3-54  directed.  A certified agency must have a <Class A> license to
   3-55  provide home health services<, and any other person must have a
   3-56  Class B license>.
   3-57        (b)  A person who is not licensed to provide home health
   3-58  services under this chapter may not indicate or imply that the
   3-59  person is licensed to provide home health services by the use of
   3-60  the words "home health services" or in any other manner.
   3-61        (c)  A person who is not licensed to provide hospice services
   3-62  under this chapter may not use the word "hospice" in a title or
   3-63  description of a facility, organization, program, service provider,
   3-64  or services or use any other words, letters, abbreviations, or
   3-65  insignia indicating or implying that the person holds a license to
   3-66  provide hospice services under this chapter.
   3-67        (d)  A license to provide hospice services issued under this
   3-68  chapter authorizes a hospice to own or operate a residential unit
   3-69  or inpatient unit at the licensed site in compliance with the
   3-70  standards and rules adopted under this chapter.
    4-1        (e) <(b)>  A license issued under this chapter may not be
    4-2  transferred to another person, but may be transferred from one
    4-3  location to another location.  A change of ownership or location
    4-4  shall be reported to <with the approval of> the department.  <The
    4-5  board by rule shall prescribe criteria for the approval of the
    4-6  relocation of a license.>
    4-7        SECTION 5.  Section 142.0025, Health and Safety Code, is
    4-8  amended to read as follows:
    4-9        Sec. 142.0025.  Temporary License.  If a person is in the
   4-10  process of becoming certified by the Department of Health and Human
   4-11  Services to qualify as a certified agency, the department may issue
   4-12  a temporary <Class A> home and community support services agency
   4-13  <health service> license to the person authorizing the person to
   4-14  provide certified home health services.  A temporary license is
   4-15  effective as provided by board rules.
   4-16        SECTION 6.  Section 142.003, Health and Safety Code, is
   4-17  amended to read as follows:
   4-18        Sec. 142.003.  Exemptions From Licensing Requirement.
   4-19  (a)  The following persons need not be licensed under this chapter:
   4-20              (1)  a physician, dentist, registered nurse, or
   4-21  physical therapist licensed under the laws of this state who
   4-22  provides home health services to a client <patient> only as a part
   4-23  of and incidental to that person's private office practice;
   4-24              (2)  a registered nurse, licensed vocational nurse,
   4-25  physical therapist, occupational therapist, speech therapist,
   4-26  medical social worker, or any other health care professional as
   4-27  determined by the department who provides home health services as a
   4-28  sole practitioner;
   4-29              (3)  a <nonprofit> registry <operated by a national or
   4-30  state professional association or society of licensed health care
   4-31  practitioners, or a subdivision of the association or society,>
   4-32  that operates solely as a clearinghouse to put consumers in contact
   4-33  with persons who provide home health, hospice, or personal
   4-34  assistance services <licensed health care practitioners who give
   4-35  care in a patient's residence> and that does not maintain official
   4-36  client <patient> records, <or> direct client <patient> services
   4-37  compensate the person who is providing the service;
   4-38              (4)  an individual whose permanent residence is in the
   4-39  client's <patient's> residence;
   4-40              (5)  an employee of a person licensed under this
   4-41  chapter who provides home health, hospice, or personal assistance
   4-42  services only as an employee of the license holder and who receives
   4-43  no benefit for providing the services, other than wages from the
   4-44  license holder;
   4-45              (6)  a home, nursing home, convalescent home, personal
   4-46  care facility, special care facility, or other institution for
   4-47  individuals who are elderly or who have disabilities that provides
   4-48  home health or personal assistance <the disabled or aged that
   4-49  provides health> services only to residents of the home or
   4-50  institution;
   4-51              (7)  a person who provides one health service through a
   4-52  contract with a person licensed under this chapter;
   4-53              (8)  a durable medical equipment supply company;
   4-54              (9)  a pharmacy or wholesale medical supply company
   4-55  that does not furnish services, other than supplies, to a person at
   4-56  the person's house;
   4-57              (10)  a hospital or other licensed health care facility
   4-58  that provides home health or personal assistance services <serves>
   4-59  only to inpatient residents of the hospital or facility;
   4-60              (11)  a person providing home health or personal
   4-61  assistance services to an injured employee under the Texas Workers'
   4-62  Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
   4-63  <workers' compensation laws of this state (Article 8306 et seq.,
   4-64  Revised> Statutes); <or>
   4-65              (12)  a visiting nurse service that:
   4-66                    (A)  is conducted by and for the adherents of a
   4-67  well-recognized church or religious denomination; and
   4-68                    (B)  provides nursing services by a person exempt
   4-69  from licensing by Article 4528, Revised Statutes, because the
   4-70  person furnishes nursing care in which treatment is only by prayer
    5-1  or spiritual means;
    5-2              (13)  an individual hired and paid directly by the
    5-3  client or the client's family or legal guardian to provide home
    5-4  health or personal assistance services;
    5-5              (14)  a business, school, camp, or other organization
    5-6  that provides home health or personal assistance services,
    5-7  incidental to the organization's primary purpose, to individuals
    5-8  employed by or participating in programs offered by the business,
    5-9  school, or camp that enable the individual to participate fully in
   5-10  the business's, school's, or camp's programs;
   5-11              (15)  a person or organization providing
   5-12  sitter-companion services or chore or household services that do
   5-13  not involve personal care, health, or health-related services;
   5-14              (16)  a licensed health care facility that provides
   5-15  hospice services under a contract with a hospice;
   5-16              (17)  a person delivering residential acquired immune
   5-17  deficiency syndrome hospice care who is licensed and designated as
   5-18  a residential AIDS hospice under Chapter 248; or
   5-19              (18)  until August 31, 1995, a state agency, mental
   5-20  retardation authority, or mental health authority providing the
   5-21  direct delivery of home health, hospice, or personal assistance
   5-22  services.
   5-23        (b)  A home and community support services agency that owns
   5-24  or operates an administrative support site is not required to
   5-25  obtain a separate license under this chapter for the administrative
   5-26  support site.
   5-27        (c)  A hospice that operates or provides hospice services to
   5-28  an inpatient unit under a contract with a licensed health care
   5-29  facility is not required to obtain an alternate delivery site
   5-30  license for that inpatient unit.
   5-31        SECTION 7.  Section 142.004, Health and Safety Code, is
   5-32  amended to read as follows:
   5-33        Sec. 142.004.  License Application.  (a)  An applicant for a
   5-34  license to provide <a> home health, hospice, or personal assistance
   5-35  services <service> must:
   5-36              (1)  file a written application on a form prescribed by
   5-37  the department indicating the type of service the applicant wishes
   5-38  to provide;
   5-39              (2)  file with the application:
   5-40                    (A)  the name of the owner of the applicant
   5-41  <service> or a list of the names of persons who own at least a 10
   5-42  percent <an> interest in the applicant <service>; <and>
   5-43                    (B)  a list of any businesses with which the
   5-44  applicant <service> subcontracts and in which the owner or owners
   5-45  of the applicant <service> hold at least five percent of the
   5-46  ownership; and
   5-47                    (C)  if the applicant is a direct or indirect
   5-48  subsidiary of a publicly held corporation, the name of that
   5-49  publicly held corporation and the names of each subsidiary of the
   5-50  publicly held corporation that owns an interest in the applicant;
   5-51              (3)  cooperate with any surveys <inspections> required
   5-52  by the department for a license; and
   5-53              (4)  pay the license fee prescribed by this chapter.
   5-54        (b)  In addition to the requirements of Subsection (a), if
   5-55  the applicant is a certified agency when the application for a
   5-56  <Class A> license  to provide certified home health services is
   5-57  filed, the applicant must maintain its Medicare certification.  If
   5-58  the applicant is not a certified agency when the application for a
   5-59  <Class A> license  to provide certified home health services  is
   5-60  filed, the applicant must establish that it is in the process of
   5-61  receiving its certification from the United States Department of
   5-62  Health and Human Services.
   5-63        (c)  The board by rule shall require that, at a minimum,
   5-64  before the department may approve a license application, other than
   5-65  an application for a renewal or branch office or alternate delivery
   5-66  site license, the applicant must provide to the department:
   5-67              (1)  documentation establishing that, at a minimum, the
   5-68  applicant has sufficient financial resources to provide the
   5-69  services required by this chapter and by the department during the
   5-70  term of the license;
    6-1              (2)  a list of the management personnel for the
    6-2  proposed home and community support services <health>  agency, a
    6-3  description of personnel qualifications, and a plan for providing
    6-4  continuing training and education for the personnel during the term
    6-5  of the license;
    6-6              (3)  documentation establishing that the applicant is
    6-7  capable of meeting the minimum standards established by the board
    6-8  relating to the quality of care; and
    6-9              (4)  a plan that provides for the orderly transfer of
   6-10  care of the applicant's clients if the applicant cannot maintain or
   6-11  deliver home health, hospice, or personal assistance services under
   6-12  the license.
   6-13        (d)  Information received by the department relating to the
   6-14  competence and financial resources of the applicant is confidential
   6-15  and may not be disclosed to the public.
   6-16        SECTION 8.  Section 142.006, Health and Safety Code, is
   6-17  amended to read as follows:
   6-18        Sec. 142.006.  License Issuance; Term.  (a)  The department
   6-19  shall issue a <Class A or Class B> home  and community support
   6-20  services agency <health service> license to provide home health,
   6-21  hospice, or personal assistance services for each place of business
   6-22  to each applicant who:
   6-23              (1)  qualifies for the <type of> license to provide the
   6-24  type of service that is to be offered by the applicant <requested>;
   6-25              (2)  submits an application and license fee as required
   6-26  by this chapter; and
   6-27              (3)  complies with all licensing standards required or
   6-28  adopted by the board under this chapter.
   6-29        (b)  A license issued under this chapter expires one year
   6-30  after the date of issuance.  The department may issue an initial
   6-31  license for a term of less than one year to conform expiration
   6-32  dates for a locality or an applicant.  The department, in
   6-33  accordance with board rules, may issue a temporary license to an
   6-34  applicant for an initial license.
   6-35        (c)  The department may find that a home and community
   6-36  support services agency has satisfied the requirements for
   6-37  licensing if the agency is accredited by an accreditation
   6-38  organization, such as the Joint Commission on Accreditation of
   6-39  Health Organizations or the Community Health Care Accreditation
   6-40  Program, and the department finds that the accreditation
   6-41  organization has standards that meet or exceed the requirements for
   6-42  licensing under this chapter.  A license fee is required of the
   6-43  home and community support services agency at the time of a license
   6-44  application.
   6-45        (d)  The department may find that a home and community
   6-46  support services agency has satisfied the requirements for
   6-47  licensing if the agency is certified by a state agency that has
   6-48  certification standards that meet or exceed the requirements for
   6-49  licensing under this chapter.  A license fee is required at the
   6-50  time of a license application.
   6-51        (e)  The license must designate the types of services that
   6-52  the home and community support services agency is authorized to
   6-53  provide at or from the designated place of business.
   6-54        SECTION 9.  Subchapter A, Chapter 142, Health and Safety
   6-55  Code, is amended by adding Section 142.0065 to read as follows:
   6-56        Sec. 142.0065.  DISPLAY OF LICENSE.  A license issued under
   6-57  this chapter shall be displayed in a conspicuous place in the
   6-58  designated place of business and must show:
   6-59              (1)  the name and address of the licensee;
   6-60              (2)  the name of the owner or owners, if different from
   6-61  the information provided under Subdivision (1);
   6-62              (3)  the license expiration date; and
   6-63              (4)  the types of services authorized to be provided
   6-64  under the license.
   6-65        SECTION 10.  Section 142.008, Health and Safety Code, is
   6-66  amended to read as follows:
   6-67        Sec. 142.008.  Branch Office.  (a)  The department may issue
   6-68  a branch office license to a person who holds a <Class A or Class
   6-69  B> license to provide home health or personal assistance services.
   6-70        (b)  The board by rule shall establish eligibility
    7-1  requirements for a branch office license.
    7-2        (c)  A branch office license expires on the same date as the
    7-3  <Class A or Class B> license to provide home health or personal
    7-4  assistance services held by the applicant for the branch office
    7-5  license <that person>.
    7-6        SECTION 11.  Subchapter A, Chapter 142, Health and Safety
    7-7  Code, is amended by adding Section 142.0085 to read as follows:
    7-8        Sec. 142.0085.  ALTERNATE DELIVERY SITE LICENSE.  (a)  The
    7-9  department shall issue an alternate delivery site license to a
   7-10  qualified hospice.
   7-11        (b)  The board by rule shall establish standards required for
   7-12  the issuance of an alternate delivery site license.
   7-13        (c)  An alternate delivery site license expires on the same
   7-14  date as the license to provide hospice services held by the
   7-15  hospice.
   7-16        SECTION 12.  Section 142.009, Health and Safety Code, is
   7-17  amended to read as follows:
   7-18        Sec. 142.009.  SURVEYS <INSPECTIONS>; CONSUMER COMPLAINTS.
   7-19  (a)  The department or its representative may enter the premises of
   7-20  a license applicant or license holder at reasonable times to
   7-21  conduct a survey <an inspection> incidental to the issuance of a
   7-22  license and at other times as the department considers necessary to
   7-23  ensure compliance with this chapter and the rules adopted under
   7-24  this chapter.
   7-25        (b)  A home and community support services <health> agency
   7-26  shall provide each person who receives home health, hospice, or
   7-27  personal assistance services with a written statement that contains
   7-28  the name, address, and telephone number of the department and a
   7-29  statement that informs the recipient <consumers> that a complaint
   7-30  against a home and community support services <health> agency may
   7-31  be directed to the department.
   7-32        (c)  The department or its authorized representative shall
   7-33  investigate each complaint received regarding the provision of home
   7-34  health, hospice, or personal assistance  services and may, as a
   7-35  part of the investigation:
   7-36              (1)  conduct an unannounced survey <inspection> of a
   7-37  place of business, including an inspection of medical and personnel
   7-38  records, if the department has reasonable cause to believe that the
   7-39  place of business is in violation of this chapter or a rule adopted
   7-40  under this chapter;
   7-41              (2)  conduct an interview with a recipient of home
   7-42  health, hospice or personal assistance  services, which may be
   7-43  conducted in the recipient's home if the recipient consents; <or>
   7-44              (3)  conduct an interview with a family member of a
   7-45  recipient of home health, hospice, or personal assistance services
   7-46  who is deceased or other person who may have knowledge of the care
   7-47  received by the deceased recipient of the home health, hospice, or
   7-48  personal assistance services; or
   7-49              (4)  interview a physician or other health care
   7-50  practitioner, including a member of the personnel of a home and
   7-51  community support services <health> agency, who cares for a
   7-52  recipient of home health, hospice, or personal assistance services.
   7-53        (d)  The reports, records, and working papers used or
   7-54  developed in an investigation made under this section are
   7-55  confidential and may not be released or made public except:
   7-56              (1)  to a state or federal agency;
   7-57              (2)  to federal, state, or local law enforcement
   7-58  personnel;
   7-59              (3)  with the consent of each person identified in the
   7-60  information released;
   7-61              (4)  in civil or criminal litigation matters or
   7-62  licensing proceedings as otherwise allowed by law or judicial rule;
   7-63  or
   7-64              (5)  on a form developed by the department that
   7-65  identifies any deficiencies found without identifying a person,
   7-66  other than the home and community support services agency.
   7-67        (e)  The department's representative shall hold a conference
   7-68  with the person in charge of the home and community support
   7-69  services <health> agency before beginning the on-site survey
   7-70  <inspection> to explain the nature and scope of the survey
    8-1  <inspection>.  When the survey <inspection> is completed, the
    8-2  department's representative shall hold a conference with the person
    8-3  who is in charge of the agency and shall identify any records that
    8-4  were duplicated.  Agency records may be removed from an agency only
    8-5  with the agency's consent.
    8-6        (f)  The department shall fully inform the person who is in
    8-7  charge of the home and community support services agency of the
    8-8  preliminary findings of the survey and shall give the person a
    8-9  reasonable opportunity to submit additional facts or other
   8-10  information to the department's authorized representative in
   8-11  response to those findings.  The response shall be made a part of
   8-12  the record of the survey for all purposes.
   8-13        (g)  After a survey of a home and community support services
   8-14  agency by the department, the department shall provide to the chief
   8-15  executive officer of the agency:
   8-16              (1)  specific and timely written notice of the
   8-17  preliminary findings of the survey, including:
   8-18                    (A)  the specific nature of the survey;
   8-19                    (B)  any alleged violations of a specific statute
   8-20  or rule;
   8-21                    (C)  the specific nature of any finding regarding
   8-22  an alleged violation or deficiency; and
   8-23                    (D)  if a deficiency is alleged, the severity of
   8-24  the deficiency;
   8-25              (2)  information on the identity, including the
   8-26  signature, of each department representative conducting, reviewing,
   8-27  or approving the results of the survey and the date on which the
   8-28  department representative acted on the matter; and
   8-29              (3)  if requested by the agency, copies of all
   8-30  documents relating to the survey maintained by the department or
   8-31  provided by the department to any other state or federal agency
   8-32  that are not confidential under state law.
   8-33        (h)  Except for the investigation of complaints, a home and
   8-34  community support services agency licensed by the department under
   8-35  this chapter is not subject to additional surveys relating to home
   8-36  health, hospice, or personal assistance services while the agency
   8-37  maintains accreditation for the applicable service from the Joint
   8-38  Commission for Accreditation of Health Care Organizations, the
   8-39  Community Health Accreditation Program, or other national
   8-40  accreditation organizations that meet or exceed the regulations
   8-41  adopted under this chapter.  Each provider must submit to the
   8-42  department documentation from the accrediting body indicating that
   8-43  the provider is accredited when the provider is applying for the
   8-44  initial license and annually when the license is renewed.
   8-45        (i)  Except as provided by Subsections (h) and (k), an
   8-46  on-site survey must be conducted within 18 months after a survey
   8-47  for an initial license.  After that time, an on-site survey must be
   8-48  conducted at least every 36 months.
   8-49        (j)  If a person is renewing or applying for a license to
   8-50  provide more than one type of service under this chapter, the
   8-51  surveys required for each of the services the license holder or
   8-52  applicant seeks to provide shall be completed during the same
   8-53  surveyor visit.
   8-54        (k)  The department and other state agencies that are under
   8-55  the Health and Human Services Commission and that contract with
   8-56  home and community support services agencies to deliver services
   8-57  for which a license is required under this chapter shall execute a
   8-58  memorandum of understanding that establishes procedures to
   8-59  eliminate or reduce duplication of standards or conflicts between
   8-60  standards and of functions in license, certification, or compliance
   8-61  surveys and complaint investigations.  The Health and Human
   8-62  Services Commission shall review the recommendation of the council
   8-63  relating to the memorandum of understanding before considering
   8-64  approval.  The memorandum of understanding must be approved by the
   8-65  commission.
   8-66        SECTION 13.  Section 142.010, Health and Safety Code, is
   8-67  amended to read as follows:
   8-68        Sec. 142.010.  Fees.  (a)  The board shall set <the home
   8-69  health service> license fees for home and community support
   8-70  services agencies in amounts that are reasonable to meet the costs
    9-1  of administering this chapter, except that the fees may not be less
    9-2  than $200 or more than $1,000 for a license to provide home health,
    9-3  hospice, or personal assistance services<:>
    9-4              <(1)  less than $600 or more than $1,200 for an initial
    9-5  Class A or Class B license; or>
    9-6              <(2)  less than $200 or more than $300 for renewal of a
    9-7  branch office license>.
    9-8        (b)  The board shall consider the size of the home and
    9-9  community support services agency, the number of clients served,
   9-10  the number of services provided, and the necessity for review of
   9-11  other accreditation documentation in determining the amount of
   9-12  initial and renewal license fees.
   9-13        (c)  A fee charged under this section is nonrefundable.
   9-14        SECTION 14.  Sections 142.011(b) and (c), Health and Safety
   9-15  Code, are amended to read as follows:
   9-16        (b)  The department may immediately suspend or revoke a
   9-17  license when the health and safety of persons are threatened.  If
   9-18  the department issues an order of immediate suspension or
   9-19  revocation, the department shall immediately give the chief
   9-20  executive officer of the home and community support services agency
   9-21  adequate notice of the action taken, the legal grounds for the
   9-22  action, and the procedure governing appeal of the action.  A person
   9-23  whose license is suspended or revoked under this subsection is
   9-24  entitled to a hearing not later than the seventh day after the
   9-25  effective date of the suspension or revocation.
   9-26        (c)  The department may suspend or revoke a home and
   9-27  community support services agency's license to provide certified
   9-28  home health services if the agency <the license of a Class A home
   9-29  health agency that> fails to maintain its certification qualifying
   9-30  the agency as a certified agency.  A home and community support
   9-31  services agency that is licensed to provide certified home health
   9-32  services and <Class A home health agency> that submits a request
   9-33  for a hearing as provided by Subsection (d) is subject to the
   9-34  requirements of this chapter relating to a home and community
   9-35  support services agency that is licensed to provide home health
   9-36  services, but not certified home health services, <Class B home
   9-37  health agency> until the suspension or revocation is finally
   9-38  determined by the department or, if the license is suspended or
   9-39  revoked, until the last day for seeking review of the department
   9-40  order or a later date fixed by order of the reviewing court.
   9-41        SECTION 15.  Section 142.012, Health and Safety Code, is
   9-42  amended to read as follows:
   9-43        Sec. 142.012.  Powers and Duties.  (a)  The board, with the
   9-44  recommendations of the council, shall adopt rules necessary to
   9-45  implement this chapter.
   9-46        (b)  The board by rule shall set minimum standards for home
   9-47  and community support services <health> agencies licensed under
   9-48  this chapter that relate to:
   9-49              (1)  qualifications for professional and
   9-50  nonprofessional personnel, including volunteers;
   9-51              (2)  supervision of professional and nonprofessional
   9-52  personnel, including volunteers;
   9-53              (3)  the provision and coordination of treatment and
   9-54  services, including support and bereavement services, as
   9-55  appropriate;
   9-56              (4)  the management, ownership, and organizational
   9-57  structure, including lines of authority and delegation of
   9-58  responsibility and, as appropriate, the composition of an
   9-59  interdisciplinary team;
   9-60              (5)  clinical and business records;
   9-61              (6)  financial ability to carry out the functions as
   9-62  proposed; <and>
   9-63              (7)  safety, fire prevention, and sanitary standards
   9-64  for residential units and inpatient units; and
   9-65              (8)  any other aspects of home health, hospice, or
   9-66  personal assistance services as necessary to protect the public.
   9-67        (c)  The initial minimum standards adopted by the board under
   9-68  Subsection (b) for hospice services must be at least as stringent
   9-69  as the conditions of participation for a Medicare certified
   9-70  provider of hospice services in effect on April 30, 1993, under
   10-1  Title XVIII, Social Security Act (42 U.S.C. Section 1395 et seq.).
   10-2        (d)  The department shall prescribe forms necessary to
   10-3  perform its duties.
   10-4        (e) <(d)>  The department shall require each person or home
   10-5  and community support services <health> agency providing home
   10-6  health, hospice, or personal assistance services to implement and
   10-7  enforce the applicable provisions of Chapter 102, Human Resources
   10-8  Code.
   10-9        SECTION 16.  Section 142.014, Health and Safety Code, is
  10-10  amended to read as follows:
  10-11        Sec. 142.014.  Civil Penalty.  (a)  A person who engages in
  10-12  the business of providing home health, hospice, or personal
  10-13  assistance service, or represents to the public that the person is
  10-14  a provider of home health, hospice, and personal assistance
  10-15  services for pay, <operates a home health agency> without a license
  10-16  issued under this chapter authorizing the services that are being
  10-17  provided is liable for a civil penalty of not less than $1,000
  10-18  <$100> or more than $2,500 <$500> for each day of violation.
  10-19  Penalties may be appropriated only to the department and to
  10-20  administer this chapter.
  10-21        (b)  An action to recover a civil penalty is in addition to
  10-22  an action brought for injunctive relief under Section 142.013 or
  10-23  any other remedy provided by law.  The attorney general shall bring
  10-24  suit on behalf of the state to collect the civil penalty.
  10-25        SECTION 17.  Sections 142.015(a) and (d), Health and Safety
  10-26  Code, are amended to read as follows:
  10-27        (a)  The Home and Community Support <Health> Services
  10-28  Advisory Council is composed of the following 13 <11> members,
  10-29  appointed by the governor:
  10-30              (1)  three consumer representatives <one representative
  10-31  of the department>;
  10-32              (2)  two representatives of agencies that are licensed
  10-33  to provide certified home health services <consumers of home health
  10-34  agency and hospice services>;
  10-35              (3)  two representatives of agencies that are licensed
  10-36  to provide home health services but are not certified home health
  10-37  services <one representative of the Texas Department of Human
  10-38  Services>;
  10-39              (4)  three representatives of agencies that are
  10-40  licensed to provide hospice services, with one representative
  10-41  appointed from:
  10-42                    (A)  a community-based non-profit provider of
  10-43  hospice services;
  10-44                    (B)  a community-based proprietary provider of
  10-45  hospice services; and
  10-46                    (C)  a hospital-based provider of hospice
  10-47  services; and <one representative of the Texas Association of Home
  10-48  Health Agencies, Incorporated;>
  10-49              (5)  three representatives of agencies that are
  10-50  licensed to provide personal assistance services <one
  10-51  representative of private nonprofit home health agencies;>
  10-52              <(6)  one representative of voluntary nonprofit home
  10-53  health agencies;>
  10-54              <(7)  one representative of proprietary home health
  10-55  agencies;>
  10-56              <(8)  one representative of an official department home
  10-57  health agency;>
  10-58              <(9)  one member to represent Medicare-certified Class
  10-59  A hospice providers affiliated with a home health agency, hospital,
  10-60  or other health service provider; and>
  10-61              <(10)  one member to represent Medicare-certified Class
  10-62  A hospice providers not affiliated with a home health agency,
  10-63  hospital, or other health service provider>.
  10-64        (d)  Members of the council serve staggered two-year terms,
  10-65  with the terms of seven <six> members expiring on January 31 of
  10-66  each even-numbered year and the terms of six <five> members
  10-67  expiring on January 31 of each odd-numbered year.
  10-68        SECTION 18.  Subchapter A, Chapter 142, Health and Safety
  10-69  Code, is amended by adding Section 142.016 to read as follows:
  10-70        Sec. 142.016.  MEMORANDUM OF UNDERSTANDING RELATING TO
   11-1  NURSING SERVICES; GUIDELINES.  (a)  The Board of Nurse Examiners
   11-2  and the department shall adopt a memorandum of understanding
   11-3  governing the circumstances under which the provision of
   11-4  health-related tasks or services do not constitute the practice of
   11-5  professional nursing.  The agencies annually shall review and shall
   11-6  renew or modify the memorandum as necessary.
   11-7        (b)  The Board of Nurse Examiners and the department shall
   11-8  consult with an advisory committee in developing, modifying, or
   11-9  renewing the memorandum of understanding.  The advisory committee
  11-10  shall be appointed by the Board of Nurse Examiners and the
  11-11  department and at a minimum shall include:
  11-12              (1)  one representative from the Board of Nurse
  11-13  Examiners and one representative from the department to serve as
  11-14  cochairmen;
  11-15              (2)  one representative from the Texas Department of
  11-16  Mental Health and Mental Retardation;
  11-17              (3)  one representative from the Texas Department of
  11-18  Human Services;
  11-19              (4)  one representative from the Texas Nurses
  11-20  Association;
  11-21              (5)  one representative from the Texas Association of
  11-22  Home Care, Incorporated, or its successor;
  11-23              (6)  one representative from the Texas Hospice
  11-24  Organization, Incorporated, or its successor;
  11-25              (7)  one representative of the Texas Respite Resource
  11-26  Network; and
  11-27              (8)  two representatives of organizations such as the
  11-28  Personal Assistance Task Force or the Disability Consortium that
  11-29  advocate for clients in community-based settings.
  11-30        (c)  The department shall prepare guidelines according to the
  11-31  memorandum of understanding required by Subsection (a) for licensed
  11-32  home and community support services agencies in providing personal
  11-33  assistance services to clients.
  11-34        SECTION 19.  Section 142.021, Health and Safety Code, is
  11-35  amended to read as follows:
  11-36        Sec. 142.021.  ADMINISTRATION OF <PERMITS TO ADMINISTER>
  11-37  MEDICATION.  A person may not administer medication to a client
  11-38  <patient> of a home and community support services <health> agency
  11-39  unless the person:
  11-40              (1)  holds a license under state law that authorizes
  11-41  the person to administer medication;
  11-42              (2)  holds a permit issued under Section 142.025 and
  11-43  acts under the delegated authority of a person who holds a license
  11-44  under state law that authorizes the person to administer
  11-45  medication; <or>
  11-46              (3)  performs duties as a qualified dialysis technician
  11-47  within the scope authorized by board rules;
  11-48              (4)  administers a medication to a client of a home and
  11-49  community support service agency in accordance with rules of the
  11-50  Board of Nurse Examiners that permit delegation of the
  11-51  administration of medication to a person not holding a permit under
  11-52  Section 142.025; or
  11-53              (5)  administers noninjectable medication under
  11-54  circumstances authorized by the memorandum of understanding adopted
  11-55  under Section 142.016.
  11-56        SECTION 20.  Section 142.023, Health and Safety Code, is
  11-57  amended to read as follows:
  11-58        Sec. 142.023.  Rules for Administration of Medication.  The
  11-59  board by rule shall establish:
  11-60              (1)  minimum requirements for the issuance, denial,
  11-61  renewal, suspension, emergency suspension, and revocation of a
  11-62  permit to a home health medication aide <administer medication to a
  11-63  patient of a home health agency>;
  11-64              (2)  curricula to train a home health medication aide
  11-65  <persons to administer medication to a patient of a home health
  11-66  agency>;
  11-67              (3)  minimum standards for the approval of home health
  11-68  medication aide training programs <programs to train persons to
  11-69  administer medication to patients of home health agencies> and for
  11-70  rescinding approval;
   12-1              (4)  the acts and practices that are allowed or
   12-2  prohibited to a permit holder; and
   12-3              (5)  minimum standards for on-site supervision of a
   12-4  permit holder by a registered nurse.
   12-5        SECTION 21.  Section 142.024, Health and Safety Code, is
   12-6  amended to read as follows:
   12-7        Sec. 142.024.  HOME HEALTH MEDICATION AIDE TRAINING PROGRAMS
   12-8  <TO ADMINISTER MEDICATION>.  (a)  An application for the approval
   12-9  of a home health medication aide training program must be made to
  12-10  the department on a form and under rules prescribed by the board.
  12-11        (b)  The department shall approve a home health medication
  12-12  aide training program that meets the minimum standards adopted
  12-13  under Section 142.023.  The department may review the approval
  12-14  annually.
  12-15        SECTION 22.  The heading of Section 142.025, Health and
  12-16  Safety Code, is amended to read as follows:
  12-17        Sec. 142.025.  ISSUANCE AND RENEWAL OF HOME HEALTH MEDICATION
  12-18  AIDE PERMIT <TO ADMINISTER MEDICATION>.
  12-19        SECTION 23.  Section 142.025(a), Health and Safety Code, is
  12-20  amended to read as follows:
  12-21        (a)  To be issued or to have renewed a home health medication
  12-22  aide permit <to administer medication>, a person shall apply to the
  12-23  department on a form prescribed and under rules adopted by the
  12-24  board.
  12-25        SECTION 24.  The heading of Section 142.026, Health and
  12-26  Safety Code, is amended to read as follows:
  12-27        Sec. 142.026.  FEES FOR ISSUANCE AND RENEWAL OF HOME HEALTH
  12-28  MEDICATION AIDE PERMIT <TO ADMINISTER MEDICATION>.
  12-29        SECTION 25.  The heading of Section 142.027, Health and
  12-30  Safety Code, is amended to read as follows:
  12-31        Sec. 142.027.  VIOLATION OF HOME HEALTH MEDICATION AIDE
  12-32  PERMITS <TO ADMINISTER MEDICATION>.
  12-33        SECTION 26.  The heading of Section 142.028, Health and
  12-34  Safety Code, is amended to read as follows:
  12-35        Sec. 142.028.  EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION
  12-36  AIDE PERMITS <TO ADMINISTER MEDICATION>.
  12-37        SECTION 27.  Section 142.029(a), Health and Safety Code, is
  12-38  amended to read as follows:
  12-39        (a)  A person commits an offense if the person knowingly
  12-40  administers medication to a client <patient> of a home and
  12-41  community support services <health> agency and the person is not
  12-42  authorized to administer the medication under Section 142.021 or
  12-43  142.022<:>
  12-44              <(1)  does not hold a license under state law that
  12-45  authorizes the person to administer medication; or>
  12-46              <(2)  does not hold a permit issued by the department
  12-47  under Section 142.025>.
  12-48        SECTION 28.  Section 142.030(a), Health and Safety Code, is
  12-49  amended to read as follows:
  12-50        (a)  A person authorized by this subchapter to administer
  12-51  medication to a client <patient> of a home and community support
  12-52  services <health> agency may not dispense dangerous drugs or
  12-53  controlled substances without complying with the Texas Pharmacy Act
  12-54  (Article 4542a-1, Vernon's Texas Civil Statutes).
  12-55        SECTION 29.  Section 248.003, Health and Safety Code, is
  12-56  amended to read as follows:
  12-57        Sec. 248.003.  Exemptions.  This chapter does not apply to:
  12-58              (1)  a home and community support services <health>
  12-59  agency required to be licensed under Chapter 142;
  12-60              (2)  a person required to be licensed under Chapter 241
  12-61  (Texas Hospital Licensing Law);
  12-62              (3)  an institution required to be licensed under
  12-63  Chapter 242;
  12-64              (4)  an ambulatory surgical center required to be
  12-65  licensed under Chapter 243 (Texas Ambulatory Surgical Center
  12-66  Licensing Act);
  12-67              (5)  a birthing center required to be licensed under
  12-68  Chapter 244 (Texas Birthing Center Licensing Act);
  12-69              (6)  a facility required to be licensed under Chapter
  12-70  245 (Texas Abortion Facility Reporting and Licensing Act); or
   13-1              (7)  a person providing medical or nursing care or
   13-2  services under a license or permit issued under other state law.
   13-3        SECTION 30.  Section 248.002, Health and Safety Code, is
   13-4  amended by adding Subdivisions (9)-(14) to read as follows:
   13-5              (9)  "Bereavement services" has the meaning assigned by
   13-6  Section 142.001.
   13-7              (10)  "Palliative care" has the meaning assigned by
   13-8  Section 142.001.
   13-9              (11)  "Support services" has the meaning assigned by
  13-10  Section 142.001.
  13-11              (12)  "Residential AIDS hospice" means a facility
  13-12  licensed and designated as a residential AIDS hospice under this
  13-13  chapter.
  13-14              (13)  "Residential AIDS hospice care" means hospice
  13-15  services provided in a residential AIDS hospice.
  13-16              (14)  "AIDS" means acquired immune deficiency syndrome.
  13-17        SECTION 31.  Subchapter B, Chapter 248, Health and Safety
  13-18  Code, is amended by adding Section 248.029 to read as follows:
  13-19        Sec. 248.029.  RESIDENTIAL AIDS HOSPICE DESIGNATION.
  13-20  (a)  The board by rule shall adopt standards for the designation of
  13-21  a special care facility licensed under this chapter as a
  13-22  residential AIDS hospice.  Those standards shall be consistent with
  13-23  other standards adopted under this chapter and consistent with the
  13-24  purposes for which special care facilities are created.
  13-25        (b)  In adopting the standards, the board shall consider
  13-26  rules adopted for the designation of a hospice under Chapter 142
  13-27  and shall establish specific standards requiring:
  13-28              (1)  the provision of exclusively palliative care by a
  13-29  facility;
  13-30              (2)  the provision of bereavement services;
  13-31              (3)  the provision of support services to the family of
  13-32  a client;
  13-33              (4)  the participation of a registered nurse in the
  13-34  development of an initial plan of care for a client and periodic
  13-35  review of the plan of care by an interdisciplinary team of the
  13-36  facility; and
  13-37              (5)  clinical and medical review of patient care
  13-38  services by a physician who acts as a medical consultant.
  13-39        (c)  A special care facility licensed under this chapter that
  13-40  satisfies the standards adopted under this section shall be
  13-41  designated as a residential AIDS hospice.
  13-42        (d)  Notwithstanding Chapter 142, a special care facility
  13-43  licensed and issued a designation as a residential AIDS hospice
  13-44  under this chapter may use the term "residential AIDS hospice" or a
  13-45  similar term or language in its title or in a description or
  13-46  representation of the facility if the similar term or language
  13-47  clearly identifies the facility as a facility regulated under this
  13-48  chapter and clearly distinguishes the facility from a hospice
  13-49  regulated under Chapter 142.
  13-50        (e)  A special care facility licensed under this chapter on
  13-51  July 1, 1994, on notice to the department that it is in compliance
  13-52  with the standards adopted for designation as a residential AIDS
  13-53  hospice, shall be issued that designation by the department, and
  13-54  that designation is valid until the date the license of the
  13-55  facility expires or is renewed.
  13-56        SECTION 32.  Sections 142.005 and 142.007, Health and Safety
  13-57  Code, are repealed.
  13-58        SECTION 33.  (a)  The changes in law made by this Act apply
  13-59  only to an offense or a violation committed on or after July 1,
  13-60  1994.
  13-61        (b)  An offense or violation committed before July 1, 1994,
  13-62  is covered by the law in effect when the offense or violation was
  13-63  committed, and the former law is continued in effect for that
  13-64  purpose.
  13-65        SECTION 34.  Not later than January 1, 1994, the Board of
  13-66  Nurse Examiners and the Texas Department of Health shall adopt the
  13-67  initial memorandum of understanding required by Section 142.016,
  13-68  Health and Safety Code, as added by this Act.
  13-69        SECTION 35.  The changes in law made by this Act do not
  13-70  affect the validity of a license or of a permit to administer
   14-1  medication issued by the Texas Department of Health under Chapter
   14-2  142, Health and Safety Code, before the effective date of this Act.
   14-3  Regardless of the changes in law made by this Act, the department
   14-4  shall continue to issue licenses to qualified home health agencies
   14-5  and permits to administer medication under Chapter 142, Health and
   14-6  Safety Code, as it existed immediately before the effective date of
   14-7  this Act, and that law is continued in effect for that purpose
   14-8  until July 1, 1994.
   14-9        SECTION 36.  The Texas Department of Health shall propose
  14-10  rules to implement this Act on or before January 1, 1994.  The
  14-11  department shall adopt rules to implement this Act on or before
  14-12  June 1, 1994.
  14-13        SECTION 37.  The Texas Department of Health and other state
  14-14  agencies under the Health and Human Services Commission shall
  14-15  distribute to interested persons a draft of the memorandum of
  14-16  understanding required by Section 142.009(k), Health and Safety
  14-17  Code, as added by this Act, on or before January 1, 1994, and shall
  14-18  execute the initial memorandum of understanding required by that
  14-19  section on or before June 1, 1994.
  14-20        SECTION 38.  A home and community support services agency
  14-21  providing home health, hospice, or personal assistance services is
  14-22  not required to obtain a license under this Act until July 1, 1994.
  14-23        SECTION 39.  After the effective date of this Act, a
  14-24  reference to a home health agency in law is a reference to a home
  14-25  and community support services agency.
  14-26        SECTION 40.  A person who, on the effective date of this Act,
  14-27  is serving a term as a member of the Home Health Services Advisory
  14-28  Council shall continue to serve on the Home and Community Support
  14-29  Services Advisory Council until January 31, 1994.  At that time, in
  14-30  accordance with Section 142.015, Health and Safety Code, as amended
  14-31  by this Act, the governor shall appoint the 13 members to the
  14-32  council.  After the appointment of the new council in 1994, at the
  14-33  first meeting of the council the new members shall draw lots to
  14-34  determine their initial terms.  Seven members shall serve for a
  14-35  term expiring January 31, 1995, and six members shall serve for a
  14-36  term expiring January 31, 1996.
  14-37        SECTION 41.  This Act takes effect September 1, 1993.
  14-38        SECTION 42.  The importance of this legislation and the
  14-39  crowded condition of the calendars in both houses create an
  14-40  emergency and an imperative public necessity that the
  14-41  constitutional rule requiring bills to be read on three several
  14-42  days in each house be suspended, and this rule is hereby suspended.
  14-43                               * * * * *
  14-44                                                         Austin,
  14-45  Texas
  14-46                                                         May 20, 1993
  14-47  Hon. Bob Bullock
  14-48  President of the Senate
  14-49  Sir:
  14-50  We, your Committee on Health and Human Services to which was
  14-51  referred H.B. No. 1551, have had the same under consideration, and
  14-52  I am instructed to report it back to the Senate with the
  14-53  recommendation that it do not pass, but that the Committee
  14-54  Substitute adopted in lieu thereof do pass and be printed.
  14-55                                                         Moncrief,
  14-56  Acting Chair
  14-57                               * * * * *
  14-58                               WITNESSES
  14-59                                                  FOR   AGAINST  ON
  14-60  ___________________________________________________________________
  14-61  Name:  Anita Bradberry                           x
  14-62  Representing:  Tx Asso Home Care Inc.
  14-63  City:  Austin
  14-64  -------------------------------------------------------------------
  14-65  Name:  Kay Hollers                               x
  14-66  Representing:  Outreach Health Services
  14-67  City:  Austin
  14-68  -------------------------------------------------------------------
  14-69  Name:  Vincent Sadowski                          x
  14-70  Representing:  Dir Asso of Tx Centers Ind
   15-1  City:  Austin
   15-2  -------------------------------------------------------------------
   15-3  Name:  Buddy Calvert                             x
   15-4  Representing:  Tx Hospice Organization
   15-5  City:  Kerrville
   15-6  -------------------------------------------------------------------
   15-7  Name:  James Willman                             x
   15-8  Representing:  Tx Nurses Asso
   15-9  City:  Austin
  15-10  -------------------------------------------------------------------
  15-11  Name:  Bob Kafka                                 x
  15-12  Representing:  Personal Attendent Services
  15-13  City:  Austin
  15-14  -------------------------------------------------------------------
  15-15  Name:  Jennifer Cernoch                          x
  15-16  Representing:  Self
  15-17  City:  San Antonio
  15-18  -------------------------------------------------------------------
  15-19  Name:  Ann Calvert                               x
  15-20  Representing:  Heart of the Hills Hospice
  15-21  City:  Ingram
  15-22  -------------------------------------------------------------------
  15-23  Name:  Donna Loflin                              x
  15-24  Representing:  Tx Dept on Aging
  15-25  City:  Austin
  15-26  -------------------------------------------------------------------
  15-27  Name:  Liz Newhouse                              x
  15-28  Representing:  Self
  15-29  City:  San Antonio
  15-30  -------------------------------------------------------------------
  15-31  Name:  Barrett Markland                          x
  15-32  Representing:  Advocacy, Inc
  15-33  City:  Austin
  15-34  -------------------------------------------------------------------
  15-35  Name:  Mary Jo Magruder                          x
  15-36  Representing:  Tx Planning Council Develop
  15-37  City:  Austin
  15-38  -------------------------------------------------------------------
  15-39  Name:  Robin Herskowitz                          x
  15-40  Representing:  Private Provider Asso of Tx
  15-41  City:  Austin
  15-42  -------------------------------------------------------------------