1-1 By: Patterson S.B. No. 982
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 13, 1993, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the authority of the Texas Department of Human Services
1-20 to assess monetary penalties against a home or community care
1-21 provider.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Chapter 32, Human Resources Code, is amended by
1-24 adding Section 32.0215 to read as follows:
1-25 Sec. 32.0215. HOME OR COMMUNITY CARE PROVIDERS: CIVIL
1-26 MONETARY PENALTIES. (a) The department may include in a contract
1-27 for the delivery of medical assistance by a home or community care
1-28 provider a provision for monetary penalties to be assessed for a
1-29 contract violation or any violation of home or community care
1-30 requirements, as required by 42 U.S.C. Section 1396t(j).
1-31 (b) The department shall develop rules governing the
1-32 application of civil money penalties, including rules prescribing:
1-33 (1) criteria that describe when and how a civil money
1-34 penalty may be assessed and the amount of the penalty;
1-35 (2) a system to ensure standard and consistent
1-36 application of the penalties throughout the state; and
1-37 (3) an administrative appeals process to adjudicate
1-38 claims in contested cases in accordance with the Administrative
1-39 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-40 Civil Statutes).
1-41 (c) Rules adopted under this section must be designed to
1-42 minimize the time between the identification of a violation and the
1-43 final imposition of a penalty. Rules adopted under this section
1-44 may authorize the imposition of a penalty that assesses and
1-45 collects a monetary penalty, with interest, for a minimum penalty
1-46 period and on a subsequent per diem basis.
1-47 (d) A penalty must be appropriate to the violation. The
1-48 department may assess incrementally more severe penalties for
1-49 repeated or uncorrected violations.
1-50 (e) The department shall review a penalized provider within
1-51 10 working days after the provider notifies the department that the
1-52 deficiency that caused the imposition of the penalty has been
1-53 corrected. If the department is unable to review the provider
1-54 within that 10-working-day period, the penalty ceases on the
1-55 earlier of the last day of the minimum penalty period or the date
1-56 the provider gives notice to the department.
1-57 (f) Money collected as a result of the imposition of
1-58 penalties may be used for the protection of the health or property
1-59 of an individual whose personal property was lost due to a failure
1-60 of a home or community care provider to meet the requirements for
1-61 participation as a provider of home or community care.
1-62 SECTION 2. This Act takes effect September 1, 1993, and
1-63 applies only to a contract between the Texas Department of Health
1-64 and a home or community care provider that is entered into on or
1-65 after that date.
1-66 SECTION 3. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *
2-4 Austin,
2-5 Texas
2-6 April 13, 1993
2-7 Hon. Bob Bullock
2-8 President of the Senate
2-9 Sir:
2-10 We, your Committee on Health and Human Services to which was
2-11 referred S.B. No. 982, have had the same under consideration, and I
2-12 am instructed to report it back to the Senate with the
2-13 recommendation that it do pass and be printed.
2-14 Zaffirini,
2-15 Chair
2-16 * * * * *
2-17 WITNESSES
2-18 FOR AGAINST ON
2-19 ___________________________________________________________________
2-20 Name: Ernest McKenney x
2-21 Representing: Tx Dept. of Health
2-22 City: Austin
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