1-1 By: Moncrief S.B. No. 29
1-2 (In the Senate - Filed November 12, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 April 15, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 2; April 15, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 29 By: Moncrief
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to complaint investigations and data collection on quality
1-26 improvement of convalescent and nursing homes and related
1-27 institutions.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 SECTION 1. Subchapter B, Chapter 242, Health and Safety
1-30 Code, is amended by adding Section 242.049 to read as follows:
1-31 Sec. 242.049. QUALITY IMPROVEMENT. (a) The department may
1-32 evaluate data for quality of care in nursing homes.
1-33 (b) The department may gather data on a form or forms to be
1-34 provided by the department to improve the quality of care in
1-35 nursing homes and may provide information to nursing homes which
1-36 will allow them to improve and maintain the quality of care which
1-37 they provide.
1-38 (c) All licensed nursing homes in the state may be required
1-39 to submit information designated by the department as necessary to
1-40 improve the quality of care in nursing homes.
1-41 (d) The collection, compilation, and analysis of the
1-42 information and any reports produced from these sources shall be
1-43 done in a manner that protects the privacy of any individual about
1-44 whom information is given and is explicitly confidential. The
1-45 department shall protect and maintain the confidentiality of the
1-46 information. The information received by the department, any
1-47 information compiled as a result of review of internal agency
1-48 documents, and any reports, compilations, and analyses produced
1-49 from these sources shall not be available for public inspection or
1-50 disclosure to any governmental agency except to the department for
1-51 the purposes of this section, nor are these sources public records
1-52 within the meaning of the open records law, Chapter 424, Acts of
1-53 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
1-54 Vernon's Texas Civil Statutes). The information and any
1-55 compilations, reports, or analyses produced from the information
1-56 shall not be subject to discovery, subpoena, or other means of
1-57 legal compulsion for release to any person or entity except as
1-58 provided in this section and shall not be admissible in any civil,
1-59 administrative, or criminal proceeding. This privilege shall be
1-60 recognized by Rules 501 and 502 of the Texas Rules of Civil
1-61 Evidence and the Texas Rules of Criminal Evidence.
1-62 (e) The information and reports, compilations, and analyses
1-63 developed by the department for quality improvement shall be used
1-64 only for the evaluation and improvement of quality care in nursing
1-65 homes. No department proceeding or record shall be subject to
1-66 discovery, subpoena, or other means of legal compulsion for release
1-67 to any person or entity, including any governmental agency other
1-68 than the department, and shall not be admissible in any civil,
2-1 administrative, or criminal proceeding. This privilege shall be
2-2 recognized by Rules 501 and 502 of the Texas Rules of Civil
2-3 Evidence and the Texas Rules of Criminal Evidence.
2-4 (f) Notwithstanding Subsection (d), the department shall
2-5 transmit reports, compilations, and analyses of the information
2-6 provided by a nursing home to that nursing home, and such
2-7 disclosure shall not be violative of this section nor shall it
2-8 constitute a waiver of confidentiality.
2-9 (g) A member, agent, or employee of the department may not
2-10 disclose or be required to disclose a communication made to the
2-11 department or a record or proceeding of the department required to
2-12 be submitted under this section except to the nursing home in
2-13 question or its agents or employees.
2-14 (h) Nothing in this section is intended to abridge the
2-15 department's enforcement responsibilities under this chapter or
2-16 under any other law.
2-17 (i) The designation of information collected under this
2-18 section as confidential does not affect the status of other
2-19 information or the application of the open records law, Chapter
2-20 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
2-21 6252-17a, Vernon's Texas Civil Statutes), to that other
2-22 information.
2-23 SECTION 2. Section 242.094, Health and Safety Code, is
2-24 amended by adding Subsection (e) to read as follows:
2-25 (e) Venue for actions brought under this section shall be in
2-26 Travis County.
2-27 SECTION 3. Subsections (d) and (e), Section 242.126, Health
2-28 and Safety Code, are amended to read as follows:
2-29 (d) The investigation may <shall> include a visit to the
2-30 resident's institution and an interview with the resident if these
2-31 actions are determined by the department to be appropriate.
2-32 (e) If the department attempts to carry out an on-site
2-33 investigation and it is shown that admission to the institution, or
2-34 any place where the resident is located, cannot be obtained, a
2-35 probate or county court shall order the person responsible for the
2-36 care of the resident or the person in charge of a place where the
2-37 resident is located to allow entrance for the interview and
2-38 investigation.
2-39 SECTION 4. This Act takes effect September 1, 1993.
2-40 SECTION 5. The importance of this legislation and the
2-41 crowded condition of the calendars in both houses create an
2-42 emergency and an imperative public necessity that the
2-43 constitutional rule requiring bills to be read on three several
2-44 days in each house be suspended, and this rule is hereby suspended.
2-45 * * * * *
2-46 Austin,
2-47 Texas
2-48 April 15, 1993
2-49 Hon. Bob Bullock
2-50 President of the Senate
2-51 Sir:
2-52 We, your Committee on Finance to which was referred S.B. No. 29,
2-53 have had the same under consideration, and I am instructed to
2-54 report it back to the Senate with the recommendation that it do not
2-55 pass, but that the Committee Substitute adopted in lieu thereof do
2-56 pass and be printed.
2-57 Montford,
2-58 Chairman
2-59 * * * * *
2-60 WITNESSES
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Sara L. Speights x
2-64 Representing: Texas Health Care Assoc.
2-65 City: Austin
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2-67 Name: Rose Davis x
2-68 Representing: Tx. Dept. of Health
2-69 City: Austin
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