By Hilderbran H.B. No. 2645
74R6488 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to licensing standards for certain nursing facilities and
1-3 penalties that may be assessed against those facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 242.002(6), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (6) "Institution" means<:>
1-8 <(A)> an establishment that<:>
1-9 <(i)> furnishes, in one or more
1-10 facilities, food, <and> shelter, and medical services to four or
1-11 more persons under the supervision of a physician <who are
1-12 unrelated to the proprietor of the establishment; and>
1-13 <(ii) provides minor treatment under the
1-14 direction and supervision of a physician licensed by the Texas
1-15 State Board of Medical Examiners, or other services that meet some
1-16 need beyond the basic provision of food, shelter, and laundry; or>
1-17 <(B) a foster care type residential facility
1-18 that provides room and board to fewer than five persons who:>
1-19 <(i) are not related within the second
1-20 degree of consanguinity or affinity, as determined under Article
1-21 5996h, Revised Statutes, to the proprietor; and>
1-22 <(ii) because of their physical or mental
1-23 limitation, or both, require a level of care and services suitable
1-24 to their needs that contributes to their health, comfort, and
2-1 welfare>.
2-2 SECTION 2. Section 242.003, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 242.003. EXEMPTIONS. <(a)> Except as otherwise
2-5 provided, this chapter does not apply to:
2-6 (1) a hotel or other similar place that furnishes only
2-7 food, lodging, or both, to its guests;
2-8 (2) a hospital;
2-9 (3) an establishment conducted by or for the adherents
2-10 of a well-recognized church or religious denomination for the
2-11 purpose of providing facilities for the care or treatment of the
2-12 sick who depend exclusively on prayer or spiritual means for
2-13 healing, without the use of any drug or material remedy, if the
2-14 establishment complies with safety, sanitary, and quarantine laws
2-15 and rules;
2-16 (4) an establishment that furnishes, in addition to
2-17 food, shelter, and laundry, only baths and massages;
2-18 (5) an institution operated by a person licensed by
2-19 the Texas Board of Chiropractic Examiners;
2-20 (6) a facility that:
2-21 (A) primarily engages in training, habilitation,
2-22 rehabilitation, or education of clients or residents;
2-23 (B) is operated under the jurisdiction of a
2-24 state or federal agency, including the Texas Rehabilitation
2-25 Commission, Texas Department of Mental Health and Mental
2-26 Retardation, Texas Department of Human Services, Texas Commission
2-27 for the Blind, Texas Commission on Alcohol and Drug Abuse,
3-1 institutional division of the Texas Department of Criminal Justice,
3-2 and the Veteran's Administration; and
3-3 (C) is certified through inspection or
3-4 evaluation as meeting the standards established by the state or
3-5 federal agency; and
3-6 (7) a foster care type residential facility that
3-7 <serves fewer than five persons and> operates under rules adopted
3-8 by the Texas Department of Human Services.
3-9 <(b) An institution described by Section 242.002(6)(C) is
3-10 subject to licensing under this chapter only if written application
3-11 is made for participation in the intermediate care program under
3-12 federal law.>
3-13 SECTION 3. Section 242.037, Health and Safety Code, is
3-14 amended to read as follows:
3-15 Sec. 242.037. MINIMUM STANDARDS. (a) The board may adopt,
3-16 publish, and enforce minimum standards relating to:
3-17 (1) the construction of an institution, including
3-18 plumbing, heating, lighting, ventilation, and other housing
3-19 conditions, to ensure the residents' health, safety, comfort, and
3-20 protection from fire hazard;
3-21 (2) the regulation of the number and qualification of
3-22 all personnel, including management and nursing personnel,
3-23 responsible for any part of the care given to the residents;
3-24 (3) requirements for in-service education of all
3-25 employees who have any contact with the residents;
3-26 (4) training on the care of persons with Alzheimer's
3-27 disease and related disorders for employees who work with those
4-1 persons;
4-2 (5) sanitary and related conditions in an institution
4-3 and its surroundings, including water supply, sewage disposal, food
4-4 handling, and general hygiene in order to ensure the residents'
4-5 health, safety, and comfort;
4-6 (6) the dietary needs of each resident according to
4-7 good nutritional practice or the recommendations of the physician
4-8 attending the resident;
4-9 (7) equipment essential to the residents' health and
4-10 welfare; and
4-11 (8) the use and administration of medication in
4-12 conformity with applicable law and rules.
4-13 (b) Notwithstanding Section 222.0255(b), an institution that
4-14 is certified as being in compliance with each standard of
4-15 participation in the state Medicaid program that relates to the
4-16 same subject matter as a minimum standard established under
4-17 Subsection (a) is not required to satisfy the minimum standard
4-18 established under that subsection.
4-19 SECTION 4. Section 242.066(a), Health and Safety Code, is
4-20 amended to read as follows:
4-21 (a) The department may assess an administrative <a civil>
4-22 penalty against a person who violates this chapter or a rule or
4-23 order adopted or license issued under this chapter.
4-24 SECTION 5. Section 242.068(d), Health and Safety Code, is
4-25 amended to read as follows:
4-26 (d) Based on the findings of fact and recommendations of the
4-27 hearing examiner, the commissioner of health by order may find:
5-1 (1) a violation has occurred and assess an
5-2 administrative <a civil> penalty; or
5-3 (2) a violation has not occurred.
5-4 SECTION 6. Section 242.069, Health and Safety Code, is
5-5 amended by amending Subsection (a) and adding Subsection (g) to
5-6 read as follows:
5-7 (a) The commissioner of health shall give notice of the
5-8 decision taken under Section 242.068(d) to the person charged. If
5-9 the commissioner finds that a violation has occurred and has
5-10 assessed an administrative <a civil> penalty, the commissioner
5-11 shall give written notice to the person charged of the findings,
5-12 the amount of the penalty, and the person's right to judicial
5-13 review of the order.
5-14 (g) An administrative penalty collected under this section
5-15 shall be deposited to the credit of the nursing and convalescent
5-16 home trust fund established under Section 242.096.
5-17 SECTION 7. Subchapter C, Chapter 242, Health and Safety
5-18 Code, is amended by adding Section 242.071 to read as follows:
5-19 Sec. 242.071. EVIDENCE OF VIOLATION. (a) A finding by the
5-20 department that an institution has violated this chapter or a rule
5-21 adopted under this chapter, or the assessment or payment of an
5-22 administrative penalty under this subchapter, is not admissible as
5-23 evidence in a civil action to prove that the institution has
5-24 committed a violation.
5-25 (b) This section does not apply in an enforcement action or
5-26 related proceeding in which the state or an agency or political
5-27 subdivision of the state is a party.
6-1 SECTION 8. Section 242.132(c), Health and Safety Code, is
6-2 amended to read as follows:
6-3 (c) The criminal penalty provided by this section is in
6-4 addition to any civil or administrative penalties for which the
6-5 person may be liable.
6-6 SECTION 9. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.