S.B. No. 86
AN ACT
1-1 relating to the licensing of hospitals by the Texas Department of
1-2 Health including the provision and appropriation of fees and the
1-3 assessment of civil penalties and administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (c) and (d), Section 241.022, Health
1-6 and Safety Code, are amended to read as follows:
1-7 (c) The department shall require that each hospital show
1-8 evidence that:
1-9 (1) at least one physician is on the medical staff of
1-10 the hospital, including evidence that the physician is currently
1-11 licensed; <and>
1-12 (2) the governing body of the hospital<:>
1-13 <(A)> has adopted and implemented a patient
1-14 transfer policy in accordance with Section 241.027; and
1-15 (3) if the governing body has chosen to implement
1-16 patient transfer agreements, it <(B)> has implemented the <patient
1-17 transfer> agreements in accordance with Section 241.028 <or has
1-18 complied with rules adopted under Section 241.029>.
1-19 (d) The application must be accompanied by:
1-20 (1) a copy of the hospital's current patient transfer
1-21 policy; <and>
1-22 (2) a nonrefundable license fee;
1-23 (3) copies of the hospital's patient transfer
2-1 agreements, unless the filing of copies has been waived by the
2-2 hospital licensing director in accordance with the rules adopted
2-3 under this chapter; and
2-4 (4) a copy of the most recent annual fire safety
2-5 inspection report from the fire marshal in whose jurisdiction the
2-6 hospital is located<, which shall be refunded to the applicant if
2-7 the application is denied>.
2-8 SECTION 2. Subchapter B, Chapter 241, Health and Safety
2-9 Code, is amended by adding Section 241.0231 to read as follows:
2-10 Sec. 241.0231. TEMPORARY INITIAL LICENSE. (a) During the
2-11 pendency of an application for an initial license, the department
2-12 may grant a temporary initial license to the applicant.
2-13 (b) The temporary initial license is valid until the
2-14 department issues or denies the initial license, but in no case for
2-15 longer than six months from the date of issuance.
2-16 (c) The board shall adopt rules to govern the issuance of a
2-17 temporary initial license.
2-18 SECTION 3. Section 241.025, Health and Safety Code, is
2-19 amended to read as follows:
2-20 Sec. 241.025. LICENSE FEES. (a) The department shall
2-21 charge each hospital an annual license fee for an initial license
2-22 or a license renewal.
2-23 (b) The board by rule shall adopt the fees authorized by
2-24 Subsection (a) according to a schedule in which the number of beds
2-25 in the hospital determines the amount of the fee. The fee may not
3-1 exceed $10 <$3> a bed, and the total fee may not be less than $200
3-2 <$100> or more than $10,000 <$3,000>.
3-3 (c) The board by rule shall adopt a temporary initial
3-4 license fee in an amount sufficient to cover the reasonable expense
3-5 to the department of issuing the license.
3-6 (d) All license fees collected shall be deposited in the
3-7 state treasury to the credit of the department <board> to
3-8 administer and enforce this chapter. These fees are hereby
3-9 appropriated to the department.
3-10 SECTION 4. Subsections (a), (b), and (c), Section 241.026,
3-11 Health and Safety Code, are amended to read as follows:
3-12 (a) The board, with the advice of the council, shall adopt
3-13 and enforce rules <and minimum standards> to further the purposes
3-14 of this chapter. The rules at a <and> minimum shall address
3-15 <standards may relate only to>:
3-16 (1) minimum requirements for staffing by physicians
3-17 and nurses;
3-18 (2) hospital services relating to patient care; <and>
3-19 (3) fire prevention, safety, and sanitation
3-20 requirements in <sanitary provisions of> hospitals;
3-21 (4) patient care and a patient bill of rights; and
3-22 (5) compliance with other state and federal laws
3-23 affecting the health, safety, and rights of hospital patients.
3-24 (b) In adopting rules, the board shall consider the
3-25 conditions of participation for certification under Title XVIII of
4-1 the Social Security Act (42 U.S.C. Section 1395 et seq.) and the
4-2 standards of the Joint Commission on Accreditation of Healthcare
4-3 Organizations and will attempt to achieve consistency with those
4-4 conditions and standards. <The board may not adopt standards that
4-5 exceed the minimum standards for certification under Title XVIII of
4-6 the Social Security Act (42 U.S.C. Section 1395 et seq.).>
4-7 (c) Upon the recommendation of the hospital licensing
4-8 director <and the council>, the board by order may waive or modify
4-9 the requirement of a particular provision of this Act or
4-10 requirement <minimum standard> adopted by board rule under this
4-11 section to a particular special hospital or a particular general or
4-12 special hospital serving a rural community if the board determines
4-13 that the waiver or modification will facilitate the creation or
4-14 operation of the hospital and that the waiver or modification is in
4-15 the best interests of the individuals served or to be served by the
4-16 hospital.
4-17 SECTION 5. Section 241.027, Health and Safety Code, is
4-18 amended by amending the section heading and Subsections (a) and (c)
4-19 and adding Subsections (e) and (f) to read as follows:
4-20 Sec. 241.027. <MINIMUM STANDARDS FOR> PATIENT TRANSFERS.
4-21 (a) The board shall adopt rules to govern <implement the minimum
4-22 standards governing> the transfer of patients between hospitals
4-23 that do not have a transfer agreement and governing services not
4-24 included in transfer agreements. <The board shall base the rules
4-25 on the recommendations made by the advisory committee established
5-1 by Section 241.029.>
5-2 (c) The rules must require that if a patient at a hospital
5-3 has an emergency medical condition which has not been stabilized,
5-4 the hospital may not transfer the patient unless:
5-5 (1) the patient or a legally responsible person acting
5-6 on the patient's behalf, after being informed of the hospital's
5-7 obligations under this section and of the risk of transfer, in
5-8 writing requests transfer to another medical facility;
5-9 (2) a licensed physician has signed a certification,
5-10 which includes a summary of the risks and benefits, that, based on
5-11 the information available at the time of transfer, the medical
5-12 benefits reasonably expected from the provision of appropriate
5-13 medical treatment at another medical facility outweigh the
5-14 increased risks to the patient and, in the case of labor, to the
5-15 unborn child from effecting the transfer; or
5-16 (3) if a licensed physician is not physically present
5-17 in the emergency department at the time a patient is transferred, a
5-18 qualified medical person has signed a certification described in
5-19 Subdivision (2) after a licensed physician, in consultation with
5-20 the person, has made the determination described in such clause and
5-21 subsequently countersigns the certificate <board may not adopt
5-22 minimum standards that require the consent of the patient or the
5-23 patient's personal representative before the patient is
5-24 transferred>.
5-25 (e) The rules must require that a hospital take all
6-1 reasonable steps to secure the informed refusal of a patient or of
6-2 a person acting on the patient's behalf to a transfer or to related
6-3 examination and treatment.
6-4 (f) The rules must recognize any contractual, statutory, or
6-5 regulatory obligations that may exist between a patient and a
6-6 designated or mandated provider as those obligations apply to the
6-7 transfer of emergency or nonemergency patients.
6-8 SECTION 6. Section 241.028, Health and Safety Code, is
6-9 amended by amending Subsection (c) and adding Subsection (d) to
6-10 read as follows:
6-11 (c) At a minimum, a transfer agreement must provide that:
6-12 (1) transfers be accomplished in a medically
6-13 appropriate manner and comply with Sections 241.027(b)(2) through
6-14 (5) and Section 241.027(c);
6-15 (2) the transfer or receipt of patients in need of
6-16 emergency care not be based on the individual's inability to pay
6-17 for the services rendered by the transferring or receiving
6-18 hospital;
6-19 (3) multiple transfer agreements be entered into by a
6-20 hospital based on the type or level of medical services available
6-21 at other hospitals;
6-22 (4) the hospitals recognize the right of an individual
6-23 to request transfer to the care of a physician and hospital of the
6-24 individual's choice;
6-25 (5) the hospitals recognize and comply with the
7-1 requirements of Chapter 61 (Indigent Health Care and Treatment Act)
7-2 relating to the transfer of patients to mandated providers; and
7-3 (6) consideration be given to availability of
7-4 appropriate facilities, services, and staff for providing care to
7-5 the patient.
7-6 (d) If a hospital transfers a patient in violation of
7-7 Subsection (c)(1), (2), (4), (5), or (6), relating to required
7-8 provisions for a transfer agreement, the violation is a violation
7-9 of this chapter.
7-10 SECTION 7. Section 241.029, Health and Safety Code, is
7-11 repealed.
7-12 SECTION 8. Section 241.051, Health and Safety Code, is
7-13 amended to read as follows:
7-14 Sec. 241.051. INSPECTIONS. (a) The department may make any
7-15 inspection, survey, or investigation that it considers necessary.
7-16 A representative <An officer, employee, or agent> of the department
7-17 may enter the premises of <and inspect> a hospital at any
7-18 reasonable time to make an inspection, a survey, or an
7-19 investigation to assure compliance with or prevent a violation of
7-20 this chapter, the rules adopted under this chapter, an order or
7-21 special order of the commissioner of health, a special license
7-22 provision, a court order granting injunctive relief, or other
7-23 enforcement procedures. The department shall maintain the
7-24 confidentiality of hospital records as applicable under state or
7-25 federal law.
8-1 (b) The department or a representative of the department is
8-2 entitled to access to all books, records, or other documents
8-3 maintained by or on behalf of the hospital to the extent necessary
8-4 to enforce this chapter, the rules adopted under this chapter, an
8-5 order or special order of the commissioner of health, a special
8-6 license provision, a court order granting injunctive relief, or
8-7 other enforcement procedures.
8-8 (c) By applying for or holding a hospital license, the
8-9 hospital consents to entry and inspection of the hospital by the
8-10 department or a representative of the department in accordance with
8-11 this chapter and the rules adopted under this chapter.
8-12 SECTION 9. Section 241.053, Health and Safety Code, is
8-13 amended to read as follows:
8-14 Sec. 241.053. DENIAL OF APPLICATION, SUSPENSION, REVOCATION,
8-15 OR REISSUANCE OF LICENSE. (a) The department, after providing
8-16 notice and an opportunity for a hearing to the applicant or license
8-17 holder, may deny, suspend, or revoke a hospital's license if the
8-18 department finds that the hospital:
8-19 (1) failed <substantially> to comply with:
8-20 (A) a provision of this chapter;
8-21 (B) <or> a rule <or standard> adopted under this
8-22 chapter;
8-23 (C) a special license condition;
8-24 (D) an order or emergency order by the
8-25 commissioner of health; or
9-1 (E) another enforcement procedure permitted
9-2 under this chapter;
9-3 (2) has a history of noncompliance with the rules
9-4 adopted under this chapter relating to patient health, safety, and
9-5 rights which reflects more than nominal noncompliance; or
9-6 (3) has aided, abetted, or permitted the commission of
9-7 an illegal act.
9-8 (b) A hospital whose license is suspended or revoked may
9-9 apply to the department for the reissuance of a license. The
9-10 department may reissue the license if the department determines
9-11 that the hospital has corrected the conditions that led to the
9-12 suspension or revocation of the hospital's license, the initiation
9-13 of enforcement action against the hospital, the assessment of
9-14 administrative penalties, or the issuance of a court order
9-15 enjoining the hospital from violations or assessing civil penalties
9-16 against the hospital.
9-17 (c) A hospital must apply for reissuance in the form and
9-18 manner required in the rules adopted under this chapter <by the
9-19 department>.
9-20 (d) Administrative hearings required under this section
9-21 shall be conducted under the board's formal hearing rules and the
9-22 contested case provisions of the Administrative Procedure and Texas
9-23 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
9-24 its subsequent amendments.
9-25 (e) Judicial review of a final decision by the department is
10-1 by trial de novo in the same manner as a case appealed from the
10-2 justice court to the county court. The substantial evidence rule
10-3 does not apply.
10-4 SECTION 10. Subchapter C, Chapter 241, Health and Safety
10-5 Code, is amended by adding Section 241.0531 to read as follows:
10-6 Sec. 241.0531. COMMISSIONER'S EMERGENCY ORDERS.
10-7 (a) Following notice to the hospital and opportunity for hearing,
10-8 the commissioner of health or a person designated by the
10-9 commissioner may issue an emergency order, either mandatory or
10-10 prohibitory in nature, in relation to the operation of a hospital
10-11 licensed under this chapter if the commissioner or the
10-12 commissioner's designee determines that the hospital is violating
10-13 or threatening to violate this chapter, a rule adopted pursuant to
10-14 this chapter, a special license provision, injunctive relief issued
10-15 pursuant to Section 241.054, an order of the commissioner or the
10-16 commissioner's designee, or another enforcement procedure permitted
10-17 under this chapter and the provision, rule, license provision,
10-18 injunctive relief, order, or enforcement procedure relates to the
10-19 health or safety of the hospital's patients.
10-20 (b) The department shall send written notice of the hearing
10-21 and shall include within the notice the time and place of the
10-22 hearing. The hearing must be held within 10 days after the date of
10-23 the hospital's receipt of the notice.
10-24 (c) The hearing shall not be governed by the contested case
10-25 provisions of the Administrative Procedure and Texas Register Act
11-1 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
11-2 subsequent amendments but shall instead be held in accordance with
11-3 the board's informal hearing rules.
11-4 (d) The order shall be effective on delivery to the hospital
11-5 or at a later date specified in the order.
11-6 SECTION 11. Section 241.055, Health and Safety Code, is
11-7 amended to read as follows:
11-8 Sec. 241.055. CIVIL PENALTY. (a) A hospital shall<: (1)>
11-9 timely adopt, implement, and enforce a patient transfer policy in
11-10 accordance with Section 241.027. A hospital may<; and (2)>
11-11 implement patient transfer agreements in accordance with Section
11-12 241.028 <or comply with rules adopted under Section 241.029>.
11-13 (b) A hospital that violates Subsection (a) is liable for a
11-14 civil penalty of not more than $1,000 for each day of violation and
11-15 for each act of violation.
11-16 (c) In determining the amount of the penalty, the district
11-17 court shall consider:
11-18 (1) the hospital's previous violations;
11-19 (2) the seriousness of the violation;
11-20 (3) whether the health and safety of the public was
11-21 threatened by the violation; and
11-22 (4) the demonstrated good faith of the hospital.
11-23 SECTION 12. Subsection (a), Section 241.056, Health and
11-24 Safety Code, is amended to read as follows:
11-25 (a) A person who is harmed by a violation under Section
12-1 241.028 or 241.055 may petition a district court for appropriate
12-2 injunctive relief.
12-3 SECTION 13. Subchapter C, Chapter 241, Health and Safety
12-4 Code, is amended by adding Section 241.058 to read as follows:
12-5 Sec. 241.058. MINOR VIOLATIONS. (a) This chapter does not
12-6 require the commissioner of health or a designee of the
12-7 commissioner to report a minor violation for prosecution or the
12-8 institution of any other enforcement proceeding authorized under
12-9 this chapter, if the commissioner or a designee of the commissioner
12-10 determines that prosecution or enforcement is not in the best
12-11 interests of the persons served or to be served by the hospital.
12-12 (b) For the purpose of this section, a "minor violation"
12-13 means a violation of this chapter, the rules adopted under this
12-14 chapter, a special license provision, an order or emergency order
12-15 issued by the commissioner of health or the commissioner's
12-16 designee, or another enforcement procedure permitted under this
12-17 chapter by a hospital that does not constitute a threat to the
12-18 health, safety, and rights of the hospital's patients or other
12-19 persons.
12-20 SECTION 14. Subchapter C, Chapter 241, Health and Safety
12-21 Code, is amended by adding Section 241.059 to read as follows:
12-22 Sec. 241.059. ADMINISTRATIVE PENALTY. (a) The commissioner
12-23 of health may assess an administrative penalty against a hospital
12-24 that violates this chapter, a rule adopted pursuant to this
12-25 chapter, a special license provision, an order or emergency order
13-1 issued by the commissioner or the commissioner's designee, or
13-2 another enforcement procedure permitted under this chapter.
13-3 (b) In determining the amount of the penalty, the
13-4 commissioner of health shall consider:
13-5 (1) the hospital's previous violations;
13-6 (2) the seriousness of the violation;
13-7 (3) any threat to the health, safety, or rights of the
13-8 hospital's patients;
13-9 (4) the demonstrated good faith of the hospital; and
13-10 (5) such other matters as justice may require.
13-11 (c) The penalty may not exceed $1,000 for each violation.
13-12 Each day of a continuing violation may be considered a separate
13-13 violation.
13-14 (d) When it is determined that a violation has occurred the
13-15 commissioner of health shall issue a report that states the facts
13-16 on which the determination is based and the commissioner's
13-17 recommendation on the imposition of a penalty, including a
13-18 recommendation on the amount of the penalty.
13-19 (e) Within 14 days after the date the report is issued, the
13-20 commissioner of health shall give written notice of the report to
13-21 the person, delivered by certified mail. The notice must include a
13-22 brief summary of the alleged violation and a statement of the
13-23 amount of the recommended penalty and must inform the person that
13-24 the person has a right to a hearing on the occurrence of the
13-25 violation, the amount of the penalty, or both the occurrence of the
14-1 violation and the amount of the penalty.
14-2 (f) Within 20 days after the date the person receives the
14-3 notice, the person in writing may accept the determination and
14-4 recommended penalty of the commissioner of health or may make a
14-5 written request for a hearing on the occurrence of the violation,
14-6 the amount of the penalty, or both the occurrence of the violation
14-7 and the amount of the penalty.
14-8 (g) If the person accepts the determination and recommended
14-9 penalty of the commissioner of health, the commissioner by order
14-10 shall impose the recommended penalty.
14-11 (h) If the person requests a hearing or fails to respond
14-12 timely to the notice, the commissioner of health shall set a
14-13 hearing and give notice of the hearing to the person. The hearing
14-14 shall be held by the department. The person conducting the hearing
14-15 shall make findings of fact and conclusions of law and promptly
14-16 issue to the commissioner a proposal for a decision about the
14-17 occurrence of the violation and the amount of the penalty. Based
14-18 on the findings of fact, conclusions of law, and proposal for a
14-19 decision, the commissioner by order may find that a violation has
14-20 occurred and impose a penalty or may find that no violation
14-21 occurred.
14-22 (i) The notice of the commissioner of health's order given
14-23 to the person under the Administrative Procedure and Texas Register
14-24 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
14-25 subsequent amendments must include a statement of the right of the
15-1 person to judicial review of the order.
15-2 (j) Within 30 days after the date the commissioner of
15-3 health's order is final as provided by Section 16(c),
15-4 Administrative Procedure and Texas Register Act (Article 6252-13a,
15-5 Vernon's Texas Civil Statutes), and its subsequent amendments, the
15-6 person shall:
15-7 (1) pay the amount of the penalty;
15-8 (2) pay the amount of the penalty and file a petition
15-9 for judicial review contesting the occurrence of the violation, the
15-10 amount of the penalty, or both the occurrence of the violation and
15-11 the amount of the penalty; or
15-12 (3) without paying the amount of the penalty, file a
15-13 petition for judicial review contesting the occurrence of the
15-14 violation, the amount of the penalty, or both the occurrence of the
15-15 violation and the amount of the penalty.
15-16 (k) Within the 30-day period, a person who acts under
15-17 Subsection (j)(3) may:
15-18 (1) stay enforcement of the penalty by:
15-19 (A) paying the amount of the penalty to the
15-20 court for placement in an escrow account; or
15-21 (B) giving to the court a supersedeas bond that
15-22 is approved by the court for the amount of the penalty and that is
15-23 effective until all judicial review of the board's order is final;
15-24 or
15-25 (2) request the court to stay enforcement of the
16-1 penalty by:
16-2 (A) filing with the court a sworn affidavit of
16-3 the person stating that the person is financially unable to pay the
16-4 amount of the penalty and is financially unable to give the
16-5 supersedeas bond; and
16-6 (B) giving a copy of the affidavit to the
16-7 commissioner of health by certified mail.
16-8 (l) When the commissioner of health receives a copy of an
16-9 affidavit under Subsection (k)(2), he may file with the court,
16-10 within five days after the date the copy is received, a contest to
16-11 the affidavit. The court shall hold a hearing on the facts alleged
16-12 in the affidavit as soon as practicable and shall stay the
16-13 enforcement of the penalty on finding that the alleged facts are
16-14 true. The person who files an affidavit has the burden of proving
16-15 that the person is financially unable to pay the amount of the
16-16 penalty and to give a supersedeas bond.
16-17 (m) If the person does not pay the amount of the penalty and
16-18 the enforcement of the penalty is not stayed, the commissioner of
16-19 health may refer the matter to the attorney general for collection
16-20 of the amount of the penalty.
16-21 (n) Judicial review of the order of the commissioner of
16-22 health:
16-23 (1) is instituted by filing a petition as provided by
16-24 Section 19, Administrative Procedure and Texas Register Act
16-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-1 subsequent amendments; and
17-2 (2) is under the substantial evidence rule.
17-3 (o) If the court sustains the occurrence of the violation,
17-4 the court may uphold or reduce the amount of the penalty and order
17-5 the person to pay the full or reduced amount of the penalty. If
17-6 the court does not sustain the occurrence of the violation, the
17-7 court shall order that no penalty is owed.
17-8 (p) When the judgment of the court becomes final, the court
17-9 shall proceed under this subsection. If the person paid the amount
17-10 of the penalty and if that amount is reduced or is not upheld by
17-11 the court, the court shall order that the appropriate amount plus
17-12 accrued interest be remitted to the person within 30 days after the
17-13 judgment of the court becomes final. The rate of the interest is
17-14 the rate charged on loans to depository institutions by the New
17-15 York Federal Reserve Bank, and the interest shall be paid for the
17-16 period beginning on the date the penalty was paid and ending on the
17-17 date the penalty is remitted. If the person gave a supersedeas
17-18 bond and if the amount of the penalty is not upheld by the court,
17-19 the court shall order the release of the bond. If the person gave
17-20 a supersedeas bond and if the amount of the penalty is reduced, the
17-21 court shall order the release of the bond after the person pays the
17-22 amount.
17-23 (q) A penalty collected under this section shall be remitted
17-24 to the comptroller for deposit in the general revenue fund.
17-25 (r) All proceedings under this section are subject to the
18-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
18-2 Vernon's Texas Civil Statutes) and its subsequent amendments.
18-3 SECTION 15. Section 241.104, Health and Safety Code, is
18-4 amended to read as follows:
18-5 Sec. 241.104. HOSPITAL PLAN REVIEWS. (a) The board by rule
18-6 shall adopt fees for hospital plan reviews according to a schedule
18-7 based on the estimated construction costs. If an estimated
18-8 construction cost cannot be established, the estimated cost is $105
18-9 per square foot.
18-10 (b) The fee schedule may not exceed the following:
18-11 Cost of Construction Fee
18-12 (1) $ 600,000 or less $ 500 <250>
18-13 (2) $ 600,001 - $ 2,000,000 1,000 <500>
18-14 (3) $ 2,000,001 - $ 5,000,000 1,500 <750>
18-15 (4) $ 5,000,001 - $10,000,000 2,000 <1,000>
18-16 (5) $10,000,001 and over 3,000 <1,500>
18-17 (c) The department shall charge a fee for field surveys of
18-18 construction plans reviewed under this section. The board by rule
18-19 shall adopt a fee schedule for the surveys that provides a minimum
18-20 fee of $100 and a maximum fee of $400 for each survey conducted.
18-21 SECTION 16. Section 222.024, Health and Safety Code, is
18-22 amended to read as follows:
18-23 Sec. 222.024. CERTIFICATION OR ACCREDITATION INSTEAD OF
18-24 INSPECTION. (a) A hospital licensed by the Texas Department of
18-25 Health or the Texas Department of Mental Health and Mental
19-1 Retardation is not subject to additional annual licensing
19-2 inspections before the agency issues the hospital a license under
19-3 Chapter 241 (Texas Hospital Licensing Law) or by the licensing
19-4 agency while the hospital maintains:
19-5 (1) certification under Title XVIII of the Social
19-6 Security Act (42 U.S.C. Section 1395 et seq.); or
19-7 (2) accreditation from the Joint Commission on
19-8 Accreditation of Healthcare <Health> Organizations, the American
19-9 Osteopathic Association, or other national accreditation
19-10 organization for the offered services.
19-11 (b) If the Texas Department of Mental Health and Mental
19-12 Retardation licenses <An agency licensing> a hospital exempt from a
19-13 licensing inspection under Subsection (a), that agency shall issue
19-14 a renewal license to the hospital if the hospital annually remits
19-15 any applicable fees and submits a copy of the most recent
19-16 inspection results report from the certification or accreditation
19-17 body.
19-18 (c) If the Texas Department of Health licenses a hospital
19-19 exempt from a licensing inspection under Subsection (a), that
19-20 agency shall issue a renewal license to the hospital if the
19-21 hospital annually:
19-22 (1) submits a complete application required by the
19-23 department;
19-24 (2) remits any applicable fees;
19-25 (3) submits a copy of documentation from the
20-1 certification or accreditation body showing that the hospital is
20-2 certified or accredited; and
20-3 (4) submits a copy of the most recent fire safety
20-4 inspection report from the fire marshal in whose jurisdiction the
20-5 hospital is located.
20-6 SECTION 17. Section 222.026, Health and Safety Code, is
20-7 amended to read as follows:
20-8 Sec. 222.026. COMPLAINT INVESTIGATIONS AND ENFORCEMENT
20-9 AUTHORITY <PATIENT TRANSFER AUTHORITY NOT AFFECTED>. (a) Sections
20-10 222.024, 222.025, and 222.0255 do not affect the authority of the
20-11 Texas Department of Health to implement and enforce the provisions
20-12 of Chapter 241 (Texas Hospital Licensing Law) to:
20-13 (1) reinspect a hospital if a hospital applies for the
20-14 reissuance of its license after a final ruling upholding the
20-15 suspension or revocation of a hospital's license, the assessment of
20-16 administrative or civil penalties, or the issuance of an injunction
20-17 against the hospital for violations of provisions of the licensing
20-18 law, rules adopted under the licensing law, special license
20-19 conditions, or orders of the commissioner of health; or
20-20 (2) investigate a complaint against a hospital and, if
20-21 appropriate, enforce the provisions of the licensing law on a
20-22 finding by the department that reasonable cause exists to believe
20-23 that the hospital has violated provisions of the licensing law,
20-24 rules adopted under the licensing law, special license conditions,
20-25 or orders of the commissioner of health; provided, however, that
21-1 the department shall coordinate with the federal Health Care
21-2 Financing Administration and its agents responsible for the
21-3 inspection of hospitals to determine compliance with the conditions
21-4 of participation under Title XVIII of the Social Security Act (42
21-5 U.S.C. Section 1395 et seq.), so as to avoid duplicate
21-6 investigations <relating to the transfer of hospital patients or
21-7 the department's means of implementing and enforcing those
21-8 provisions>.
21-9 (b) The department shall by rule establish a procedure for
21-10 the acceptance and timely review of complaints received from
21-11 hospitals concerning the objectivity, training, and qualifications
21-12 of the persons conducting the inspection.
21-13 SECTION 18. This Act takes effect September 1, 1993.
21-14 SECTION 19. If on the effective date of this legislation the
21-15 powers and duties of the Texas Board of Health, the commissioner of
21-16 health, and the Texas Department of Health have been transferred to
21-17 the Department of Public Health as provided for in Chapter 15, Acts
21-18 of the 72nd Legislature, 1st Called Session, 1991, each reference
21-19 in this Act to the Texas Board of Health, the commissioner of
21-20 health, or the Texas Department of Health means the Board of Public
21-21 Health, the director of the Department of Public Health, or the
21-22 Department of Public Health, respectively.
21-23 SECTION 20. The importance of this legislation and the
21-24 crowded condition of the calendars in both houses create an
21-25 emergency and an imperative public necessity that the
22-1 constitutional rule requiring bills to be read on three several
22-2 days in each house be suspended, and this rule is hereby suspended.