S.B. No. 29
AN ACT
1-1 relating to licenses of and complaint investigations and data
1-2 collection on quality improvement of convalescent and nursing homes
1-3 and related institutions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) Subsections (d) and (e), Section 242.033,
1-6 Health and Safety Code, are amended to read as follows:
1-7 (d) A license is renewable every two years <annually> after:
1-8 (1) an inspection, unless an inspection is not
1-9 required as provided by Section 242.047;
1-10 (2) payment of the <annual> license fee; and
1-11 (3) department approval of the <annual> report filed
1-12 every two years by the licensee.
1-13 (e) The <annual> report required for license renewal under
1-14 Subsection (d)(3) must comply with rules adopted by the board that
1-15 specify the date of submission of the report, the information it
1-16 must contain, and its form.
1-17 (b) Section 242.034, Health and Safety Code, is amended by
1-18 amending Subsections (a) and (b) and adding Subsection (f) to read
1-19 as follows:
1-20 (a) The board may establish by rule license fees for
1-21 institutions licensed by the department under this chapter. The
1-22 license fee may not exceed $150 <is $50> plus $5 <$2> for each unit
1-23 of capacity or bed space for which a license is sought. An
2-1 additional license fee may be charged as provided by Section
2-2 242.097.
2-3 (b) The license fee must be paid <annually> with each
2-4 application for an initial license, a renewal <of the
2-5 institution's> license, or a change of ownership license.
2-6 (f) The license fees established under this chapter are an
2-7 allowable cost for reimbursement under the medical assistance
2-8 program administered by the Texas Department of Human Services
2-9 under Chapter 32, Human Resources Code. Any fee increases shall be
2-10 reflected in reimbursement rates prospectively.
2-11 (c) Section 242.044, Health and Safety Code, is amended by
2-12 amending Subsections (a) and (b) to read as follows:
2-13 (a) Each licensing period <year>, the department shall
2-14 conduct at least two unannounced inspections of each institution.
2-15 (b) For at least two unannounced inspections each licensing
2-16 period <year> of an institution other than one that provides
2-17 maternity care, the department shall invite at least one person as
2-18 a citizen advocate from:
2-19 (1) the American Association of Retired Persons;
2-20 (2) the Texas Senior Citizen Association;
2-21 (3) the Texas Retired Federal Employees;
2-22 (4) the Texas Department on Aging Certified Long Term
2-23 Care Ombudsman; or
2-24 (5) another statewide organization for the elderly.
2-25 SECTION 2. Subchapter B, Chapter 242, Health and Safety
3-1 Code, is amended by adding Section 242.049 to read as follows:
3-2 Sec. 242.049. QUALITY IMPROVEMENT. (a) The department may
3-3 evaluate data for quality of care in nursing homes.
3-4 (b) The department may gather data on a form or forms to be
3-5 provided by the department to improve the quality of care in
3-6 nursing homes and may provide information to nursing homes which
3-7 will allow them to improve and maintain the quality of care which
3-8 they provide. Data referred to in this section can include
3-9 information compiled from documents otherwise available under the
3-10 open records law, Chapter 424, Acts of the 63rd Legislature,
3-11 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
3-12 Statutes), including but not limited to individual survey reports
3-13 and investigation reports.
3-14 (c) All licensed nursing homes in the state may be required
3-15 to submit information designated by the department as necessary to
3-16 improve the quality of care in nursing homes.
3-17 (d) The collection, compilation, and analysis of the
3-18 information and any reports produced from these sources shall be
3-19 done in a manner that protects the privacy of any individual about
3-20 whom information is given and is explicitly confidential. The
3-21 department shall protect and maintain the confidentiality of the
3-22 information. The information received by the department, any
3-23 information compiled as a result of review of internal agency
3-24 documents, and any reports, compilations, and analyses produced
3-25 from these sources shall not be available for public inspection or
4-1 disclosure, nor are these sources public records within the meaning
4-2 of the open records law, Chapter 424, Acts of the 63rd Legislature,
4-3 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
4-4 Statutes). The information and any compilations, reports, or
4-5 analyses produced from the information shall not be subject to
4-6 discovery, subpoena, or other means of legal compulsion for release
4-7 to any person or entity except as provided in this section and
4-8 shall not be admissible in any civil, administrative, or criminal
4-9 proceeding. This privilege shall be recognized by Rules 501 and
4-10 502 of the Texas Rules of Civil Evidence and the Texas Rules of
4-11 Criminal Evidence.
4-12 (e) The information and reports, compilations, and analyses
4-13 developed by the department for quality improvement shall be used
4-14 only for the evaluation and improvement of quality care in nursing
4-15 homes. No department proceeding or record shall be subject to
4-16 discovery, subpoena, or other means of legal compulsion for release
4-17 to any person or entity, and shall not be admissible in any civil,
4-18 administrative, or criminal proceeding. This privilege shall be
4-19 recognized by Rules 501 and 502 of the Texas Rules of Civil
4-20 Evidence and the Texas Rules of Criminal Evidence.
4-21 (f) Notwithstanding Subsection (d), the department shall
4-22 transmit reports, compilations, and analyses of the information
4-23 provided by a nursing home to that nursing home, and such
4-24 disclosure shall not be violative of this section nor shall it
4-25 constitute a waiver of confidentiality.
5-1 (g) A member, agent, or employee of the department may not
5-2 disclose or be required to disclose a communication made to the
5-3 department or a record or proceeding of the department required to
5-4 be submitted under this section except to the nursing home in
5-5 question or its agents or employees.
5-6 (h) Nothing in this section is intended to abridge the
5-7 department's enforcement responsibilities under this chapter or
5-8 under any other law.
5-9 (i) Any information, reports, and other documents produced
5-10 which are subject to any means of legal compulsion or which are
5-11 considered to be public information under Subchapter E and the
5-12 rules adopted under that subchapter shall continue to be subject to
5-13 legal compulsion and be treated as public information under
5-14 Subchapter E after the effective date of this Act, even though such
5-15 information, reports, and other documents may be used in the
5-16 collection, compilation, and analysis described in Subsections (b)
5-17 and (d).
5-18 SECTION 3. Section 242.094, Health and Safety Code, is
5-19 amended by adding Subsection (e) to read as follows:
5-20 (e) Venue for actions brought under this section shall be in
5-21 Travis County.
5-22 SECTION 4. Subsections (d) and (e), Section 242.126, Health
5-23 and Safety Code, are amended to read as follows:
5-24 (d) The investigation may <shall> include a visit to the
5-25 resident's institution and an interview with the resident if these
6-1 actions are determined by the department to be appropriate.
6-2 (e) If the department attempts to carry out an on-site
6-3 investigation and it is shown that admission to the institution, or
6-4 any place where the resident is located, cannot be obtained, a
6-5 probate or county court shall order the person responsible for the
6-6 care of the resident or the person in charge of a place where the
6-7 resident is located to allow entrance for the interview and
6-8 investigation.
6-9 SECTION 5. This Act takes effect September 1, 1993.
6-10 SECTION 6. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.