1-1 By: Coleman, Maxey (Senate Sponsor - Madla) H.B. No. 3118
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 18, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 25, 1995, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 5, Nays
1-6 0; May 25, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3118 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to intermediate care facilities for the mentally retarded;
1-11 imposing civil and criminal penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
1-14 amended by adding Chapter 251 to read as follows:
1-15 CHAPTER 251. INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
1-16 RETARDED
1-17 SUBCHAPTER A. GENERAL PROVISIONS
1-18 Sec. 251.001. PURPOSE. The purpose of this chapter is to
1-19 promote the public health, safety, and welfare by providing for the
1-20 development, establishment, and enforcement of standards for the
1-21 provision of services to individuals residing in intermediate care
1-22 facilities for the mentally retarded and the establishment,
1-23 construction, maintenance, and operation of facilities providing
1-24 this service that, in light of advancing knowledge, will promote
1-25 quality in the delivery of services and treatment of residents.
1-26 Sec. 251.002. DEFINITIONS. In this chapter:
1-27 (1) "Board" means the Texas Board of Human Services.
1-28 (2) "Department" means the Texas Department of Human
1-29 Services.
1-30 (3) "Designee" means another state agency or entity
1-31 with which the department contracts to perform specific, identified
1-32 duties related to the fulfillment of responsibilities prescribed by
1-33 this chapter.
1-34 (4) "Facility" means a home or other establishment
1-35 that provides, on a regular basis, intermediate care services for
1-36 individuals with mental retardation or a related condition in
1-37 accordance with federal law.
1-38 (5) "Governmental unit" means the state or a political
1-39 subdivision of the state, including a county or municipality.
1-40 (6) "Person" means an individual, firm, partnership,
1-41 corporation, association, or joint stock company, and includes a
1-42 legal successor of those entities.
1-43 (7) "Resident" means an individual, including a
1-44 client, with mental retardation or a related condition who is
1-45 receiving services in a facility licensed under this chapter.
1-46 Sec. 251.003. EXEMPTIONS. Except as otherwise provided by
1-47 this chapter, this chapter does not apply to an establishment that:
1-48 (1) provides training, habilitation, rehabilitation,
1-49 or education to individuals with mental retardation or a related
1-50 condition;
1-51 (2) is operated under the jurisdiction of a state or
1-52 federal agency, including the department, the Texas Rehabilitation
1-53 Commission, the Texas Department of Mental Health and Mental
1-54 Retardation, the Texas Commission for the Blind, the Texas
1-55 Commission on Alcohol and Drug Abuse, the institutional division of
1-56 the Texas Department of Criminal Justice, or the Veterans
1-57 Administration; and
1-58 (3) is certified through inspection or evaluation as
1-59 meeting the standards established by the state or federal agency.
1-60 Sec. 251.004. FEDERAL FUNDS. The department may accept and
1-61 use any funds allocated by the federal government to the department
1-62 for administrative expenses.
1-63 Sec. 251.005. LANGUAGE REQUIREMENTS PROHIBITED. A facility
1-64 may not prohibit a resident or employee from communicating in the
1-65 person's native language with another resident or employee for the
1-66 purpose of acquiring care, training, or treatment.
1-67 Sec. 251.006. RIGHTS OF RESIDENTS. Each facility shall
1-68 implement and enforce Chapter 102, Human Resources Code.
2-1 Sec. 251.007. PAPERWORK REDUCTION RULES. (a) The
2-2 department and any designee of the department shall:
2-3 (1) adopt rules to reduce the amount of paperwork a
2-4 facility must complete and retain; and
2-5 (2) attempt to reduce the amount of paperwork to the
2-6 minimum amount required by state and federal law unless the
2-7 reduction would jeopardize resident safety.
2-8 (b) The department, any designee of the department, and
2-9 facilities shall work together to review rules and propose changes
2-10 in paperwork requirements so that additional time is available for
2-11 direct resident care.
2-12 Sec. 251.008. RULES. The department shall adopt rules
2-13 related to the administration and implementation of this chapter,
2-14 including rules necessary to implement:
2-15 (1) Sections 251.031-251.033, including requirements
2-16 for related fees and denial, suspension, or revocation of a
2-17 license; and
2-18 (2) Sections 251.038-251.041.
2-19 Sec. 251.009. CONSULTATION AND COORDINATION. (a) Whenever
2-20 possible, the department shall:
2-21 (1) use the services of and consult with state and
2-22 local agencies in carrying out the department's functions under
2-23 this chapter; and
2-24 (2) use the facilities of the department or a designee
2-25 of the department, particularly in establishing and maintaining
2-26 standards relating to the humane treatment of residents.
2-27 (b) The department may cooperate with local public health
2-28 officials of a county or municipality in carrying out this chapter
2-29 and may delegate to those officials the power to make inspections
2-30 and recommendations to the department under this chapter.
2-31 (c) The department may coordinate its personnel and
2-32 facilities with a local agency of a municipality and may provide
2-33 advice to the municipality or county if the municipality or county
2-34 decides to supplement the state program with additional rules
2-35 required to meet local conditions.
2-36 Sec. 251.010. CHANGE OF ADMINISTRATORS. A facility that
2-37 hires a new administrator or other person designated as the chief
2-38 management officer for the facility shall:
2-39 (1) notify the department of the change not later than
2-40 the 30th day after the date on which the change becomes effective;
2-41 and
2-42 (2) pay a $20 administrative fee to the department.
2-43 (Sections 251.011-251.030 reserved for expansion
2-44 SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS
2-45 Sec. 251.031. LICENSE REQUIRED. A person or governmental
2-46 unit, acting severally or jointly with any other person or
2-47 governmental unit, may not establish, conduct, or maintain a
2-48 facility in this state without a license issued under this chapter.
2-49 Sec. 251.032. LICENSE APPLICATION. (a) An application for
2-50 a license is made to the department on a form provided by the
2-51 department and must be accompanied by the license fee.
2-52 (b) The application must contain information that the
2-53 department requires, which may include affirmative evidence of
2-54 ability to comply with the standards and rules adopted under this
2-55 chapter.
2-56 Sec. 251.033. ISSUANCE AND RENEWAL OF LICENSE. (a) After
2-57 receiving an application for a license, the department shall issue
2-58 the license if, after inspection and investigation, it finds that
2-59 the applicant and facility meet the requirements established under
2-60 this chapter.
2-61 (b) The department may issue a license only for:
2-62 (1) the premises and persons or governmental unit
2-63 named in the application; and
2-64 (2) the maximum number of beds specified in the
2-65 application.
2-66 (c) A license may not be transferred or assigned.
2-67 (d) A license is renewable on the second anniversary of
2-68 issuance or renewal of the license, after:
2-69 (1) an inspection;
2-70 (2) filing and approval of a renewal report; and
3-1 (3) payment of the renewal fee.
3-2 (e) The renewal report required under Subsection (d)(2) must
3-3 be filed in accordance with rules adopted by the department that
3-4 specify the form of the report and the date it must be submitted.
3-5 (f) The department may not issue a license under this
3-6 chapter unless the beds provided under the license are approved
3-7 under the state's plan on long-term care facilities for persons
3-8 with mental retardation, as described by Section 533.062.
3-9 (g) A license or renewal fee imposed under this chapter is
3-10 an allowable cost for reimbursement under the state Medicaid
3-11 program. An increase in the amount of a fee shall be reflected in
3-12 reimbursement rates prospectively.
3-13 Sec. 251.034. MINIMUM STANDARDS. The board may adopt,
3-14 publish, and enforce minimum standards relating to:
3-15 (1) the construction or remodeling of a facility,
3-16 including plumbing, heating, lighting, ventilation, and other
3-17 housing conditions, to ensure the residents' health, safety,
3-18 comfort, and protection from fire hazard;
3-19 (2) sanitary and related conditions in a facility and
3-20 its surroundings, including water supply, sewage disposal, food
3-21 handling, and general hygiene in order to ensure the residents'
3-22 health, safety, and comfort;
3-23 (3) equipment essential to the residents' health and
3-24 welfare;
3-25 (4) the reporting and investigation of injuries,
3-26 accidents, and unusual accidents and the establishment of other
3-27 policies and procedures necessary to ensure resident safety;
3-28 (5) behavior management, including use of seclusion
3-29 and physical restraints;
3-30 (6) policies and procedures for the control of
3-31 communicable diseases in employees and residents;
3-32 (7) the use and administration of medication in
3-33 conformity with applicable law and rules;
3-34 (8) specialized nutrition support such as delivery of
3-35 enteral feedings and parenteral nutrients;
3-36 (9) requirements for in-service education of each
3-37 employee who has any contact with residents;
3-38 (10) the regulation of the number and qualification of
3-39 all personnel, including management and professional support
3-40 personnel, responsible for any part of the care given to residents;
3-41 and
3-42 (11) the quality of life of residents.
3-43 A facility that is certified as being in compliance with each
3-44 standard of participation in the state Medicaid program that
3-45 relates to the same subject matter as a minimum standard
3-46 established under this section is not required to satisfy the
3-47 minimum standard established under this section.
3-48 Sec. 251.035. REASONABLE TIME TO COMPLY. The board by rule
3-49 shall give a facility that is in operation when a rule or standard
3-50 is adopted under this chapter a reasonable time to comply with the
3-51 rule or standard.
3-52 Sec. 251.036. FIRE SAFETY REQUIREMENTS. (a) A facility
3-53 shall comply with fire safety requirements established under this
3-54 section.
3-55 (b) The board, by rule, shall adopt the fire safety
3-56 standards applicable to the facility. The fire safety standards
3-57 must be the same as the fire safety standards established by an
3-58 edition of the Life Safety Code of the National Fire Protection
3-59 Association. The edition selected by the board must be the same as
3-60 that designated by any federal law or regulation applicable to a
3-61 facility or a portion of a facility. If required by federal law or
3-62 regulation, the edition selected may be different for facilities or
3-63 portions of facilities operated or approved for construction at
3-64 different times.
3-65 (c) The board may not require more stringent fire safety
3-66 standards than those required by federal law and regulation.
3-67 (d) A facility that is licensed under applicable law on
3-68 September 1, 1995, must comply with the fire safety standards,
3-69 including fire safety standards imposed by municipal ordinance,
3-70 applicable to the facility on that date.
4-1 (e) The rules adopted under this section do not prevent a
4-2 facility licensed under this chapter from voluntarily conforming to
4-3 fire safety standards that are compatible with, equal to, or more
4-4 stringent than those adopted by the board.
4-5 (f) Notwithstanding any other provision of this section, a
4-6 municipality may enact additional and more stringent fire safety
4-7 standards applicable to new construction begun on or after
4-8 September 1, 1995.
4-9 Sec. 251.037. POSTING. Each facility shall prominently and
4-10 conspicuously post for display in a public area of the facility
4-11 that is readily available to residents, employees, and visitors:
4-12 (1) the license issued under this chapter;
4-13 (2) a sign prescribed by the department that specifies
4-14 complaint procedures established under this chapter or rules
4-15 adopted under this chapter and that specifies how complaints may be
4-16 registered with the department;
4-17 (3) a notice in a form prescribed by the department
4-18 stating that inspection and related reports are available at the
4-19 facility for public inspection and providing the department's
4-20 toll-free telephone number that may be used to obtain information
4-21 concerning the facility; and
4-22 (4) a concise summary of the most recent inspection
4-23 report relating to the facility.
4-24 Sec. 251.038. INSPECTIONS. (a) The department or the
4-25 department's designee may make any inspection, survey, or
4-26 investigation that it considers necessary and may enter the
4-27 premises of a facility at reasonable times to make an inspection,
4-28 survey, or investigation in accordance with board rules.
4-29 (b) The department is entitled to access to books, records,
4-30 and other documents maintained by or on behalf of a facility to the
4-31 extent necessary to enforce this chapter and the rules adopted
4-32 under this chapter.
4-33 (c) A license holder or an applicant for a license is
4-34 considered to have consented to entry and inspection of the
4-35 facility by a representative of the department in accordance with
4-36 this chapter.
4-37 (d) The department shall establish procedures to preserve
4-38 all relevant evidence of conditions the department finds during an
4-39 inspection, survey, or investigation that the department reasonably
4-40 believes threaten the health and safety of a resident. The
4-41 procedures may include photography or photocopying of relevant
4-42 documents, such as a license holder's notes, a physician's orders,
4-43 and pharmacy records, for use in any legal proceeding.
4-44 (e) When photographing a resident, the department:
4-45 (1) shall respect the privacy of the resident to the
4-46 greatest extent possible; and
4-47 (2) may not make public the identity of the resident.
4-48 (f) A facility, an officer or employee of a facility, and a
4-49 resident's attending physician are not civilly liable for
4-50 surrendering confidential or private material under this section,
4-51 including physician's orders, pharmacy records, notes and memoranda
4-52 of a state office, and resident files.
4-53 (g) The department shall establish in clear and concise
4-54 language a form to summarize each inspection report and complaint
4-55 investigation report.
4-56 (h) The department shall establish proper procedures to
4-57 ensure that copies of all forms and reports under this section are
4-58 made available to consumers, service recipients, and the relatives
4-59 of service recipients as the department considers proper.
4-60 Sec. 251.039. UNANNOUNCED INSPECTIONS. (a) Each licensing
4-61 period, the department shall conduct at least two unannounced
4-62 inspections of each facility.
4-63 (b) In order to ensure continuous compliance, the department
4-64 shall randomly select a sufficient percentage of facilities for
4-65 unannounced inspections to be conducted between 5 p.m. and 8 a.m.
4-66 Those inspections must be cursory to avoid to the greatest extent
4-67 feasible any disruption of the residents.
4-68 (c) The department may require additional inspections.
4-69 (d) As deemed appropriate and necessary by the department,
4-70 the department may invite at least one person as a citizen advocate
5-1 to participate in inspections. The invited advocate must be an
5-2 individual who has an interest in or who is employed by or
5-3 affiliated with an organization or entity that represents,
5-4 advocates for, or serves individuals with mental retardation or a
5-5 related condition.
5-6 Sec. 251.040. DISCLOSURE OF UNANNOUNCED INSPECTIONS;
5-7 CRIMINAL PENALTY. (a) Except as expressly provided by this
5-8 chapter, a person commits an offense if the person intentionally,
5-9 knowingly, or recklessly discloses to an unauthorized person the
5-10 date, time, or any other fact about an unannounced inspection of a
5-11 facility before the inspection occurs.
5-12 (b) In this section, "unauthorized person" does not include:
5-13 (1) the department;
5-14 (2) the office of the attorney general;
5-15 (3) a representative of an agency or organization when
5-16 a Medicaid survey is made concurrently with a licensing inspection;
5-17 or
5-18 (4) any other person or entity authorized by law to
5-19 make an inspection or to accompany an inspector.
5-20 (c) An offense under this section is a Class B misdemeanor.
5-21 (d) A person convicted under this section is not eligible
5-22 for state employment.
5-23 Sec. 251.041. LICENSING SURVEYS. The department shall
5-24 provide a team to conduct surveys to validate findings of licensing
5-25 surveys. The purpose of a validation survey is to assure that
5-26 survey teams throughout the state survey in a fair and consistent
5-27 manner. A facility subjected to a validation survey must correct
5-28 deficiencies cited by the validation team but is not subject to
5-29 punitive action for those deficiencies.
5-30 (Sections 251.042-251.060 reserved for expansion
5-31 SUBCHAPTER C. GENERAL ENFORCEMENT
5-32 Sec. 251.061. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
5-33 The department shall suspend a facility's license or order an
5-34 immediate closing of part of the facility if:
5-35 (1) the department finds the facility is operating in
5-36 violation of the standards prescribed by this chapter; and
5-37 (2) the violation creates an immediate threat to the
5-38 health and safety of a resident.
5-39 (b) The board by rule shall provide for the placement of
5-40 residents during the facility's suspension or closing to ensure
5-41 their health and safety.
5-42 (c) An order suspending a license or closing a part of a
5-43 facility under this section is immediately effective on the date on
5-44 which the license holder receives written notice or a later date
5-45 specified in the order.
5-46 (d) An order suspending a license or ordering an immediate
5-47 closing of a part of a facility is valid for 10 days after the
5-48 effective date of the order.
5-49 Sec. 251.062. INJUNCTION. (a) The department may petition a
5-50 district court for a temporary restraining order to restrain a
5-51 person from continuing a violation of the standards prescribed by
5-52 this chapter if the department finds that the violation creates an
5-53 immediate threat to the health and safety of the facility's
5-54 residents.
5-55 (b) A district court, on petition of the department, may by
5-56 injunction:
5-57 (1) prohibit a person from continuing a violation of
5-58 the standards or licensing requirements prescribed by this chapter;
5-59 (2) restrain or prevent the establishment, conduct,
5-60 management, or operation of a facility without a license issued
5-61 under this chapter; or
5-62 (3) grant the injunctive relief warranted by the facts
5-63 on a finding by the court that a person is violating the standards
5-64 or licensing requirements prescribed by this chapter.
5-65 (c) The attorney general, on request by the department,
5-66 shall institute and conduct in the name of the state a suit
5-67 authorized by this section.
5-68 (d) A suit for a temporary restraining order or other
5-69 injunctive relief must be brought in the county in which the
5-70 alleged violation occurs.
6-1 Sec. 251.063. LICENSE REQUIREMENTS; CRIMINAL PENALTY. (a)
6-2 A person commits an offense if the person violates Section 251.031.
6-3 (b) An offense under this section is punishable by a fine of
6-4 not more than $1,000 for the first offense and not more than $500
6-5 for each subsequent offense.
6-6 (c) Each day of a continuing violation after conviction is a
6-7 separate offense.
6-8 Sec. 251.064. CIVIL PENALTY. (a) A person who violates this
6-9 chapter or a rule adopted under this chapter is liable for a civil
6-10 penalty of not less than $100 or more than $10,000 for each
6-11 violation if the department determines the violation threatens the
6-12 health and safety of a resident.
6-13 (b) Each day of a continuing violation constitutes a
6-14 separate ground for recovery.
6-15 Sec. 251.065. ADMINISTRATIVE PENALTY. (a) The department
6-16 may assess an administrative penalty against a facility that
6-17 violates this chapter or a rule adopted under this chapter as
6-18 specified by this section.
6-19 (b) The department shall establish gradations of penalties
6-20 and amounts of penalties in accordance with the relative
6-21 seriousness of the violations.
6-22 (c) In determining the amount of a penalty, the department
6-23 shall consider any matter justice may require, including:
6-24 (1) the gradations of penalties established under
6-25 Subsection (b);
6-26 (2) the seriousness of the violation, including the
6-27 nature, circumstances, extent, and gravity of the prohibited act
6-28 and the hazard or potential hazard created by the act to the health
6-29 and safety of the public;
6-30 (3) the history of previous violations;
6-31 (4) the amount necessary to deter future violations;
6-32 and
6-33 (5) efforts made to correct the violation.
6-34 (d) The penalty may not exceed $5,000 a day for each
6-35 violation. Each day of a continuing violation constitutes a
6-36 separate violation.
6-37 (e) The department shall establish rules governing the
6-38 assessment of administrative penalties, including rules
6-39 establishing the manner in which a facility is notified of the
6-40 violation, establishing an appeal and hearing process, and
6-41 governing payment and refund of the penalty.
6-42 (Sections 251.066-251.090 reserved for expansion
6-43 SUBCHAPTER D. TRUSTEES FOR FACILITIES
6-44 Sec. 251.091. FINDINGS AND PURPOSE. (a) The legislature
6-45 finds that the closing of an intermediate care facility for
6-46 violations of laws and rules may:
6-47 (1) in certain circumstances, have an adverse effect
6-48 on both the facility's residents and their families; and
6-49 (2) in some cases, result in a lack of readily
6-50 available funds to meet the basic needs of the residents for food,
6-51 shelter, medication, and personal services.
6-52 (b) The purpose of this subchapter is to provide for:
6-53 (1) the appointment of a trustee to assume the
6-54 operations of the facility in a manner that emphasizes resident
6-55 care and reduces resident trauma; and
6-56 (2) a fund to assist a court-appointed trustee in
6-57 meeting the basic needs of the residents.
6-58 Sec. 251.092. APPOINTMENT BY AGREEMENT. (a) A person
6-59 holding a controlling interest in a facility may, at any time,
6-60 request the department to assume the operation of the facility
6-61 through the appointment of a trustee under this subchapter.
6-62 (b) After receiving the request, the department may enter
6-63 into an agreement providing for the appointment of a trustee to
6-64 take charge of the facility under conditions considered appropriate
6-65 by both parties if the department considers the appointment
6-66 desirable.
6-67 (c) An agreement under this section must:
6-68 (1) specify all terms and conditions of the trustee's
6-69 appointment and authority; and
6-70 (2) preserve all rights of the residents as granted by
7-1 law.
7-2 (d) The agreement terminates at the time specified by the
7-3 parties or when either party notifies the other in writing that the
7-4 party wishes to terminate the appointment agreement.
7-5 Sec. 251.093. INVOLUNTARY APPOINTMENT. (a) The department
7-6 may request the attorney general to bring an action in the name and
7-7 on behalf of the state for the appointment of a trustee to operate
7-8 a facility if:
7-9 (1) the facility is operating without a license;
7-10 (2) the department has suspended or revoked the
7-11 facility's license;
7-12 (3) license suspension or revocation procedures
7-13 against the facility are pending and the department determines that
7-14 an imminent threat to the health and safety of the residents
7-15 exists;
7-16 (4) the department determines that an emergency exists
7-17 that presents an immediate threat to the health and safety of the
7-18 residents; or
7-19 (5) the facility is closing and arrangements for
7-20 relocation of the residents to other licensed facilities have not
7-21 been made before closure.
7-22 (b) A trustee appointed under Subsection (a)(5) may only
7-23 ensure an orderly and safe relocation of the facility's residents
7-24 as quickly as possible.
7-25 (c) After a hearing, a court shall appoint a trustee to take
7-26 charge of a facility if the court finds that involuntary
7-27 appointment of a trustee is necessary.
7-28 (d) If possible, the court shall appoint as trustee an
7-29 individual whose background includes mental retardation service
7-30 administration.
7-31 (e) Venue for an action brought under this section is in
7-32 Travis County.
7-33 Sec. 251.094. FEE; RELEASE OF FUNDS. (a) A trustee
7-34 appointed under this subchapter is entitled to a reasonable fee as
7-35 determined by the court.
7-36 (b) The trustee may petition the court to order the release
7-37 to the trustee of any payment owed the trustee for care and
7-38 services provided to the residents if the payment has been
7-39 withheld, including a payment withheld by the department.
7-40 (c) Withheld payments may include payments withheld by a
7-41 governmental agency or other entity during the appointment of the
7-42 trustee, such as payments:
7-43 (1) for Medicaid or insurance;
7-44 (2) by a third party; or
7-45 (3) for medical expenses borne by the residents.
7-46 Sec. 251.095. EMERGENCY ASSISTANCE FUNDS; ADDITIONAL
7-47 LICENSING FEE. (a) In addition to the licensing and renewal fee
7-48 collected under Subchapter B, the department may collect an annual
7-49 fee to be used to make emergency assistance funds available to a
7-50 facility licensed under this chapter.
7-51 (b) The fee collected under this section shall be in the
7-52 amount prescribed by Section 242.097(b) and shall be deposited to
7-53 the credit of the nursing and convalescent home trust fund
7-54 established under Section 242.096.
7-55 (c) The department may disburse funds from the nursing and
7-56 convalescent home trust fund to a facility licensed under this
7-57 chapter for the purposes and in the manner a disbursement may be
7-58 made under Section 242.096.
7-59 (d) A court may order the department to disburse emergency
7-60 assistance funds to a facility licensed under this chapter in
7-61 accordance with Section 242.096(c).
7-62 Sec. 251.096. REIMBURSEMENT. (a) A facility that receives
7-63 emergency assistance funds under this subchapter shall reimburse
7-64 the department for the amounts received, including interest.
7-65 (b) Interest on unreimbursed amounts begins to accrue on the
7-66 date on which the funds are disbursed to the facility. The rate of
7-67 interest is the rate determined under Article 1.05, Title 79,
7-68 Revised Statutes (Article 5069-1.05, Vernon's Texas Civil
7-69 Statutes), to be applicable to judgments rendered during the month
7-70 in which the money is disbursed to the facility.
8-1 (c) The owner of the facility when the trustee is appointed
8-2 is responsible for the reimbursement.
8-3 (d) The amount that remains unreimbursed on the first
8-4 anniversary of the date on which the funds are received is
8-5 delinquent and the department may determine that the facility is
8-6 ineligible for a Medicaid provider contract.
8-7 (e) The department shall deposit the reimbursement and
8-8 interest received under this section to the credit of the nursing
8-9 and convalescent home trust fund.
8-10 (f) The attorney general shall institute an action to
8-11 collect the funds due under this section at the request of the
8-12 department. Venue for an action brought under this section is in
8-13 Travis County.
8-14 Sec. 251.097. NOTIFICATION OF CLOSING. (a) A facility that
8-15 is closing temporarily or permanently, voluntarily or
8-16 involuntarily, shall notify the residents of the closing and make
8-17 reasonable efforts to notify in writing each resident's nearest
8-18 relative or the person responsible for the resident's support
8-19 within a reasonable time before the closing.
8-20 (b) If the closing of a facility is ordered by the
8-21 department or is in any other way involuntary, the facility shall
8-22 make the notification, orally or in writing, immediately on
8-23 receiving notice of the closing.
8-24 (c) If the closing of a facility is voluntary, the facility
8-25 shall make the notification not later than one week after the date
8-26 on which the decision to close is made.
8-27 (Sections 251.098-251.120 reserved for expansion
8-28 SUBCHAPTER E. REPORTS OF ABUSE AND NEGLECT
8-29 Sec. 251.121. DEFINITION. In this subchapter, "designated
8-30 agency" means an agency designated by a court to be responsible for
8-31 the protection of a resident who is the subject of a report of
8-32 abuse or neglect.
8-33 Sec. 251.122. REPORTING OF ABUSE AND NEGLECT. (a) A
8-34 person, including an owner or employee of a facility, who has cause
8-35 to believe that the physical or mental health or welfare of a
8-36 resident has been or may be adversely affected by abuse or neglect
8-37 caused by another person shall report the abuse or neglect to the
8-38 department, to a designated agency, or to both the department and
8-39 the designated agency, as specified in rules adopted by the
8-40 department.
8-41 (b) Each facility shall require each employee of the
8-42 facility, as a condition of employment with the facility, to sign a
8-43 statement that the employee realizes that the employee may be
8-44 criminally liable for failure to report abuse or neglect.
8-45 (c) A person shall make an oral report immediately on
8-46 learning of abuse or neglect and shall make a written report to the
8-47 same agency not later than the fifth day after the oral report is
8-48 made.
8-49 (d) A local or state law enforcement agency that receives a
8-50 report of abuse or neglect shall refer the report to the department
8-51 or the designated agency.
8-52 Sec. 251.123. CONTENTS OF REPORT. (a) A report of abuse or
8-53 neglect is nonaccusatory and reflects the reporting person's belief
8-54 that a resident has been or will be abused or neglected or has died
8-55 of abuse or neglect.
8-56 (b) The report must contain:
8-57 (1) the name and address of the resident;
8-58 (2) the name and address of the person responsible for
8-59 the care of the resident, if available; and
8-60 (3) other relevant information.
8-61 Sec. 251.124. ANONYMOUS REPORTS OF ABUSE OR NEGLECT. An
8-62 anonymous report of abuse or neglect, although not encouraged,
8-63 shall be received and acted on in the same manner as an
8-64 acknowledged report.
8-65 Sec. 251.125. INVESTIGATION AND REPORT OF RECEIVING AGENCY.
8-66 (a) The department or the designated agency shall make a thorough
8-67 investigation promptly after receiving either the oral or written
8-68 report.
8-69 (b) The primary purpose of the investigation is the
8-70 protection of the resident.
9-1 (c) In the investigation, the department or the designated
9-2 agency shall determine:
9-3 (1) the nature, extent, and cause of the abuse or
9-4 neglect;
9-5 (2) the identity of the person responsible for the
9-6 abuse or neglect;
9-7 (3) the names and conditions of the other residents;
9-8 (4) an evaluation of the persons responsible for the
9-9 care of the residents;
9-10 (5) the adequacy of the facility environment; and
9-11 (6) any other information required by the department.
9-12 (d) The investigation may include a visit to the resident's
9-13 facility and an interview with the resident, if considered
9-14 appropriate by the department.
9-15 (e) If the department attempts to carry out an on-site
9-16 investigation and it is shown that admission to the facility or any
9-17 place where a resident is located cannot be obtained, a probate or
9-18 county court shall order the person responsible for the care of the
9-19 resident or the person in charge of a place where the resident is
9-20 located to allow admission for the investigation and any interview
9-21 with the resident.
9-22 (f) Before the completion of the investigation, the
9-23 department shall file a petition for temporary care and protection
9-24 of the resident if the department determines that immediate removal
9-25 is necessary to protect the resident from further abuse or neglect.
9-26 (g) The department or the designated agency shall make a
9-27 complete written report of the investigation and submit the report
9-28 and its recommendations to the district attorney and the
9-29 appropriate law enforcement agency.
9-30 Sec. 251.126. CONFIDENTIALITY. A report, record, or working
9-31 paper used or developed in an investigation made under this
9-32 subchapter is confidential and may be disclosed only for purposes
9-33 consistent with the rules adopted by the board or the designated
9-34 agency.
9-35 Sec. 251.127. IMMUNITY. (a) A person who reports an act of
9-36 abuse or neglect as provided by this subchapter is immune from
9-37 civil or criminal liability that, in the absence of the immunity,
9-38 might result from making the report.
9-39 (b) The immunity provided by this section extends to
9-40 participation in any judicial proceeding that results from the
9-41 report.
9-42 (c) This section does not apply to a person who reports in
9-43 violation of Section 251.131.
9-44 Sec. 251.128. PRIVILEGED COMMUNICATIONS. In a proceeding
9-45 regarding the abuse or neglect of a resident or the cause of any
9-46 abuse or neglect, evidence may not be excluded on the ground of
9-47 privileged communication except in the case of a communication
9-48 between an attorney and client.
9-49 Sec. 251.129. CENTRAL REGISTRY. (a) The department shall
9-50 maintain in the city of Austin a central registry of reported cases
9-51 of resident abuse or neglect. This registry shall be included in
9-52 the registry maintained under Section 242.130.
9-53 (b) The board may adopt rules necessary to carry out this
9-54 section.
9-55 (c) The rules shall provide for cooperation with hospitals
9-56 and clinics in the exchange of reports of resident abuse or
9-57 neglect.
9-58 Sec. 251.130. FAILURE TO REPORT; CRIMINAL PENALTY. (a) A
9-59 person commits an offense if the person has cause to believe that a
9-60 resident's physical or mental health or welfare has been or may be
9-61 further adversely affected by abuse or neglect and knowingly fails
9-62 to report in accordance with Section 251.122.
9-63 (b) An offense under this section is a Class A misdemeanor.
9-64 Sec. 251.131. BAD FAITH, MALICIOUS, OR RECKLESS REPORTING;
9-65 CRIMINAL PENALTY. (a) A person commits an offense if the person
9-66 reports under this subchapter in bad faith, maliciously, or
9-67 recklessly.
9-68 (b) An offense under this section is a Class A misdemeanor.
9-69 (c) The criminal penalty provided by this section is in
9-70 addition to any civil penalties for which the person may be liable.
10-1 Sec. 251.132. SUIT FOR RETALIATION. (a) A person has a
10-2 cause of action against a facility, or the owner or an employee of
10-3 a facility, that suspends or terminates the employment of the
10-4 person or otherwise disciplines or discriminates against the person
10-5 for reporting the abuse or neglect of a resident to the person's
10-6 supervisors, the department, or a law enforcement agency.
10-7 (b) The petitioner may recover:
10-8 (1) the greater of $1,000 or actual damages, including
10-9 damages for mental anguish even if an injury other than mental
10-10 anguish is not shown and damages for lost wages if the petitioner's
10-11 employment was suspended or terminated;
10-12 (2) exemplary damages;
10-13 (3) court costs; and
10-14 (4) reasonable attorney's fees.
10-15 (c) In addition to the amounts that may be recovered under
10-16 Subsection (b), a person whose employment is suspended or
10-17 terminated is entitled to reinstatement in the person's former
10-18 position.
10-19 (d) The petitioner, not later than the 90th day after the
10-20 date on which the person's employment is suspended or terminated,
10-21 must bring suit or notify the Texas Employment Commission of the
10-22 petitioner's intent to sue under this section. A petitioner who
10-23 notifies the Texas Employment Commission under this subsection must
10-24 bring suit not later than the 90th day after the date of the
10-25 delivery of the notice to the commission. On receipt of the
10-26 notice, the commission shall notify the facility of the
10-27 petitioner's intent to bring suit under this section.
10-28 (e) The petitioner has the burden of proof, except that
10-29 there is a rebuttable presumption that the person's employment was
10-30 suspended or terminated for reporting abuse or neglect if the
10-31 person is suspended or terminated within 60 days after the date on
10-32 which the person reported in good faith.
10-33 (f) A suit under this section may be brought in the district
10-34 court of the county in which:
10-35 (1) the plaintiff resides;
10-36 (2) the plaintiff was employed by the defendant; or
10-37 (3) the defendant conducts business.
10-38 (g) Each facility shall require each employee of the
10-39 facility, as a condition of employment with the facility, to sign a
10-40 statement that the employee understands the employee's rights under
10-41 this section. The statement must be part of the statement required
10-42 under Section 251.122(b). If a facility does not require an
10-43 employee to read and sign the statement, the periods prescribed by
10-44 Subsection (d) do not apply, and the petitioner must bring suit not
10-45 later than the second anniversary of the date on which the person's
10-46 employment is suspended or terminated.
10-47 Sec. 251.133. REPORTS RELATING TO RESIDENT DEATHS. (a) A
10-48 facility licensed under this chapter shall submit a report to the
10-49 department concerning deaths of residents of the facility. The
10-50 report must be submitted not later than the 10th working day after
10-51 the last day of each month in which a resident of the facility
10-52 dies. The facility must also report a death of a resident
10-53 occurring within 24 hours after the resident is transferred from
10-54 the facility to a hospital.
10-55 (b) The facility must make the report on a form prescribed
10-56 by the department. The report must contain the name and social
10-57 security number of the deceased.
10-58 (c) The department shall correlate reports under this
10-59 section with death certificate information to develop data relating
10-60 to the:
10-61 (1) name and age of the deceased;
10-62 (2) official cause of death listed on the death
10-63 certificate;
10-64 (3) date, time, and place of death; and
10-65 (4) name and address of the facility in which the
10-66 deceased resided.
10-67 (d) Unless specified by board rule, and except as provided
10-68 by Subsection (e), a record under this section is confidential and
10-69 not subject to the provisions of Chapter 552, Government Code.
10-70 (e) The department shall develop statistical information on
11-1 official causes of death to determine patterns and trends of
11-2 incidents of death among the persons with mental retardation and
11-3 related conditions and in specific facilities. Information
11-4 developed under this subsection is public.
11-5 (f) A licensed facility shall make available historical
11-6 statistics on all required information on request of an applicant
11-7 or applicant's representative.
11-8 (Sections 251.134-251.150 reserved for expansion
11-9 SUBCHAPTER F. MEDICAL CARE
11-10 Sec. 251.151. APPLICATION OF OTHER LAW. (a) Except as
11-11 provided by Subsection (c), Subchapter F, Chapter 242, applies to a
11-12 facility.
11-13 (b) In applying Subchapter F, Chapter 242, to a facility,
11-14 the term "resident" has the meaning assigned by Section 251.002 and
11-15 the term "institution" means a facility.
11-16 (c) Section 242.160 does not apply to a facility.
11-17 (Sections 251.152-251.180 reserved for expansion
11-18 SUBCHAPTER G. RESPITE CARE
11-19 Sec. 251.181. DEFINITIONS. In this subchapter:
11-20 (1) "Plan of care" means a written description of the
11-21 care, training, and treatment needed by a person during respite
11-22 care.
11-23 (2) "Respite care" means the provision by a facility
11-24 to a person, for not more than two weeks for each stay in the
11-25 facility, of:
11-26 (A) room and board; and
11-27 (B) care at the level ordinarily provided for
11-28 residents.
11-29 Sec. 251.182. RESPITE CARE. (a) A facility licensed under
11-30 this chapter may provide respite care for an individual who has a
11-31 diagnosis of mental retardation or a related condition without
11-32 regard to whether the individual is eligible to receive
11-33 intermediate care services under federal law.
11-34 (b) The board may adopt rules for the regulation of respite
11-35 care provided by a facility licensed under this chapter.
11-36 Sec. 251.183. PLAN OF CARE. (a) The facility and the
11-37 person arranging the care must agree on the plan of care and the
11-38 plan must be filed at the facility before the facility admits the
11-39 person for the care.
11-40 (b) The plan of care must be signed by:
11-41 (1) a licensed physician if the person for whom the
11-42 care is arranged needs medical care or treatment; or
11-43 (2) the person arranging for the respite care if
11-44 medical care or treatment is not needed.
11-45 (c) The facility may keep an agreed plan of care for a
11-46 person for not longer than six months from the date on which it is
11-47 received. During that period, the facility may admit the person as
11-48 frequently as is needed and as accommodations are available.
11-49 Sec. 251.184. NOTIFICATION. A facility that offers respite
11-50 care shall notify the department in writing that it offers respite
11-51 care.
11-52 Sec. 251.185. INSPECTIONS. The department, at the time of
11-53 an ordinary licensing inspection or at other times determined
11-54 necessary by the department, shall inspect a facility's records of
11-55 respite care services, physical accommodations available for
11-56 respite care, and the plan of care records to ensure that the
11-57 respite care services comply with the licensing standards of this
11-58 chapter and with any rules the board may adopt to regulate respite
11-59 care services.
11-60 Sec. 251.186. SUSPENSION. (a) The department may require a
11-61 facility to cease providing respite care if the department
11-62 determines that the respite care does not meet the standards
11-63 required by this chapter and that the facility cannot comply with
11-64 those standards in the respite care it provides.
11-65 (b) The department may suspend the license of a facility
11-66 that continues to provide respite care after receiving a written
11-67 order from the department to cease.
11-68 (Sections 251.187-251.250 reserved for expansion
11-69 SUBCHAPTER H. ARBITRATION OF CERTAIN DISPUTES
11-70 Sec. 251.251. SCOPE OF SUBCHAPTER. This subchapter applies
12-1 to any dispute between a facility licensed under this chapter and
12-2 the department relating to:
12-3 (1) renewal of a license under Section 251.033;
12-4 (2) suspension of a license or closing of a facility
12-5 under Section 251.061;
12-6 (3) assessment of a civil penalty under Section
12-7 251.064; or
12-8 (4) assessment of a monetary penalty under Section
12-9 251.065.
12-10 Sec. 251.252. ELECTION OF ARBITRATION. (a) An affected
12-11 facility may elect binding arbitration of any dispute to which this
12-12 subchapter applies. Arbitration under this subchapter is an
12-13 alternative to a contested case hearing or to a judicial proceeding
12-14 relating to the assessment of a civil penalty.
12-15 (b) An affected facility may elect arbitration under this
12-16 subchapter by filing the election with the department not later
12-17 than the 10th day after a notice of hearing relating to any dispute
12-18 described by Section 251.251 is received by the facility.
12-19 (c) The department may elect arbitration under this
12-20 subchapter by notifying the facility of the election not later than
12-21 the date that the facility may elect arbitration under Subsection
12-22 (b).
12-23 (d) An election to engage in arbitration under this
12-24 subchapter is irrevocable and binding on the facility and the
12-25 department.
12-26 Sec. 251.253. ARBITRATION PROCEDURES. (a) The arbitration
12-27 shall be conducted by an arbitrator.
12-28 (b) The arbitration and the appointment of the arbitrator
12-29 shall be conducted in accordance with rules adopted by the chief
12-30 administrative law judge of the State Office of Administrative
12-31 Hearings. Before adopting rules under this subsection, the chief
12-32 administrative law judge shall consult with the department and
12-33 shall consider appropriate rules developed by any nationally
12-34 recognized association that performs arbitration services.
12-35 (c) The cost of the arbitration shall be shared equally by
12-36 the department and the facility. The total fees and expenses paid
12-37 for an arbitrator for a day may not exceed $500.
12-38 (d) The State Office of Administrative Hearings may
12-39 designate a nationally recognized association that performs
12-40 arbitration services to conduct arbitrations under this subchapter
12-41 and may, after consultation with the department, contract with that
12-42 association for the arbitrations.
12-43 Sec. 251.254. ARBITRATOR: QUALIFICATIONS. Each arbitrator
12-44 must be on an approved list of a nationally recognized association
12-45 that performs arbitration services or be otherwise qualified as
12-46 provided in the rules adopted under Section 251.253(b).
12-47 Sec. 251.255. ARBITRATOR: SELECTION. The arbitrator shall
12-48 be appointed in accordance with the rules adopted under Section
12-49 251.253(b).
12-50 Sec. 251.256. DUTIES OF ARBITRATOR. The arbitrator shall:
12-51 (1) protect the interests of the department and the
12-52 facility;
12-53 (2) ensure that all relevant evidence has been
12-54 disclosed to the arbitrator, department, and facility; and
12-55 (3) render an order consistent with this chapter and
12-56 the rules adopted under this chapter.
12-57 Sec. 251.257. SCHEDULING OF ARBITRATION. (a) The
12-58 arbitrator conducting the arbitration shall schedule arbitration to
12-59 be held not later than the 90th day after the date the arbitrator
12-60 is selected and shall notify the department and the facility of the
12-61 scheduled date.
12-62 (b) The arbitrator may grant a continuance of the
12-63 arbitration at the request of the department or facility. The
12-64 arbitrator may not unreasonably deny a request for a continuance.
12-65 Sec. 251.258. EXCHANGE AND FILING OF INFORMATION. Not
12-66 later than the seventh day before the first day of arbitration, the
12-67 department and the facility shall exchange and file with the
12-68 arbitrator:
12-69 (1) all documentary evidence not previously exchanged
12-70 and filed that is relevant to the dispute; and
13-1 (2) information relating to a proposed resolution of
13-2 the dispute.
13-3 Sec. 251.259. ATTENDANCE REQUIRED. (a) The arbitrator may
13-4 proceed in the absence of any party or representative of a party
13-5 who, after notice of the proceeding, fails to be present or to
13-6 obtain a postponement.
13-7 (b) An arbitrator may not make an order solely on the
13-8 default of a party and shall require the party who is present to
13-9 submit evidence, as required by the arbitrator, before making an
13-10 award.
13-11 Sec. 251.260. TESTIMONY; RECORD. (a) The arbitrator may
13-12 require witnesses to testify under oath and shall require testimony
13-13 under oath if requested by the department or the facility.
13-14 (b) The department shall make an electronic recording of the
13-15 proceeding.
13-16 (c) An official stenographic record of the proceeding is not
13-17 required, but the department or the facility may make a
13-18 stenographic record. The party that makes the stenographic record
13-19 shall pay the expense of having the record made.
13-20 Sec. 251.261. EVIDENCE. (a) The department or the facility
13-21 may offer evidence as they desire and shall produce additional
13-22 evidence as the arbitrator considers necessary to understand and
13-23 resolve the dispute.
13-24 (b) The arbitrator is the judge of the relevance and
13-25 materiality of the evidence offered. Strict conformity to rules
13-26 applicable to judicial proceedings is not required.
13-27 Sec. 251.262. CLOSING STATEMENTS; BRIEFS. The department
13-28 and the facility may present closing statements as they desire, but
13-29 the record may not remain open for written briefs unless requested
13-30 by the arbitrator.
13-31 Sec. 251.263. EX PARTE CONTACTS PROHIBITED. (a) Except as
13-32 provided by Subsection (b), the department and the facility may not
13-33 communicate with an arbitrator other than at an oral hearing unless
13-34 the parties and the arbitrator agree otherwise.
13-35 (b) Any oral or written communication, other than a
13-36 communication authorized under Subsection (a), from the parties to
13-37 an arbitrator shall be directed to the association that is
13-38 conducting the arbitration or, if there is no association
13-39 conducting the arbitration, to the State Office of Administrative
13-40 Hearings, for transmittal to the arbitrator.
13-41 Sec. 251.264. ORDER. (a) The arbitrator may enter any
13-42 order that may be entered by the department, board, commissioner,
13-43 or court under this chapter in relation to a dispute described by
13-44 Section 251.251.
13-45 (b) The arbitrator shall enter the order not later than the
13-46 60th day after the last day of the arbitration.
13-47 (c) The arbitrator shall base the order on the facts
13-48 established at arbitration, including stipulations of the parties,
13-49 and on the law as properly applied to those facts.
13-50 (d) The order must:
13-51 (1) be in writing;
13-52 (2) be signed and dated by the arbitrator; and
13-53 (3) include a statement of the arbitrator's decision
13-54 on the contested issues and the department's and facility's
13-55 stipulations on uncontested issues.
13-56 (e) The arbitrator shall file a copy of the order with the
13-57 department and shall notify the department and the facility in
13-58 writing of the decision.
13-59 Sec. 251.265. EFFECT OF ORDER. An order of an arbitrator
13-60 under this subchapter is final and binding on all parties. Except
13-61 as provided by Section 251.267, there is no right to appeal.
13-62 Sec. 251.266. CLERICAL ERROR. For the purpose of correcting
13-63 a clerical error, an arbitrator retains jurisdiction of the award
13-64 for 20 days after the date of the award.
13-65 Sec. 251.267. COURT VACATING ORDER. (a) On application of
13-66 the facility, a court shall vacate an arbitrator's order with
13-67 respect to an arbitration conducted at the election of the
13-68 department on a finding that:
13-69 (1) the order was procured by corruption, fraud, or
13-70 misrepresentation;
14-1 (2) the decision of the arbitrator was arbitrary or
14-2 capricious and against the weight of the evidence; or
14-3 (3) the order exceeded the jurisdiction of the
14-4 arbitrator under Section 251.264(a).
14-5 (b) If the order is vacated, the dispute shall be remanded
14-6 to the department for another arbitration proceeding.
14-7 (c) A suit to vacate an arbitrator's order must be filed not
14-8 later than the 30th day after:
14-9 (1) the date of the award; or
14-10 (2) the date the facility knew or should have known of
14-11 a basis for suit under this section, but in no event later than the
14-12 first anniversary of the date of the order.
14-13 (d) Venue for a suit to vacate an arbitrator's order is in
14-14 the county in which the arbitration was conducted.
14-15 Sec. 251.268. NO ARBITRATION OF EMERGENCY ORDER OR CLOSING
14-16 ORDER. This subchapter does not apply to an order issued under
14-17 Section 251.062.
14-18 SECTION 2. Section 242.002(6), Health and Safety Code, is
14-19 amended to read as follows:
14-20 (6) "Institution" means<:>
14-21 <(A)> an establishment that:
14-22 (A) <(i)> furnishes, in one or more facilities,
14-23 food and shelter to four or more persons who are unrelated to the
14-24 proprietor of the establishment; and
14-25 (B) <(ii)> provides minor treatment under the
14-26 direction and supervision of a physician licensed by the Texas
14-27 State Board of Medical Examiners, or other services that meet some
14-28 need beyond the basic provision of food, shelter, and laundry<; or>
14-29 <(B) a foster care type residential facility
14-30 that provides room and board to fewer than five persons who:>
14-31 <(i) are not related within the second
14-32 degree of consanguinity or affinity, as determined under Article
14-33 5996h, Revised Statutes, to the proprietor; and>
14-34 <(ii) because of their physical or mental
14-35 limitation, or both, require a level of care and services suitable
14-36 to their needs that contributes to their health, comfort, and
14-37 welfare>.
14-38 SECTION 3. Section 242.003, Health and Safety Code, is
14-39 amended to read as follows:
14-40 Sec. 242.003. EXEMPTIONS. <(a)> Except as otherwise
14-41 provided, this chapter does not apply to:
14-42 (1) a hotel or other similar place that furnishes only
14-43 food, lodging, or both, to its guests;
14-44 (2) a hospital;
14-45 (3) an establishment conducted by or for the adherents
14-46 of a well-recognized church or religious denomination for the
14-47 purpose of providing facilities for the care or treatment of the
14-48 sick who depend exclusively on prayer or spiritual means for
14-49 healing, without the use of any drug or material remedy, if the
14-50 establishment complies with safety, sanitary, and quarantine laws
14-51 and rules;
14-52 (4) an establishment that furnishes, in addition to
14-53 food, shelter, and laundry, only baths and massages;
14-54 (5) an institution operated by a person licensed by
14-55 the Texas Board of Chiropractic Examiners;
14-56 (6) a facility that:
14-57 (A) primarily engages in training, habilitation,
14-58 rehabilitation, or education of clients or residents;
14-59 (B) is operated under the jurisdiction of a
14-60 state or federal agency, including the Texas Rehabilitation
14-61 Commission, Texas Department of Mental Health and Mental
14-62 Retardation, Texas Department of Human Services, Texas Commission
14-63 for the Blind, Texas Commission on Alcohol and Drug Abuse,
14-64 institutional division of the Texas Department of Criminal Justice,
14-65 and the Veteran's Administration; and
14-66 (C) is certified through inspection or
14-67 evaluation as meeting the standards established by the state or
14-68 federal agency; <and>
14-69 (7) a foster care type residential facility that
14-70 serves fewer than five persons and operates under rules adopted by
15-1 the Texas Department of Human Services; and
15-2 (8) a facility licensed under Chapter 251 or exempt
15-3 from licensure under Section 251.003.
15-4 <(b) An institution described by Section 242.002(6)(C) is
15-5 subject to licensing under this chapter only if written application
15-6 is made for participation in the intermediate care program under
15-7 federal law.>
15-8 SECTION 4. (a) Except as provided by Subsection (b) of this
15-9 section, this Act takes effect September 1, 1995.
15-10 (b) Section 2 of this Act takes effect January 1, 1996.
15-11 SECTION 5. (a) Notwithstanding Sections 251.031 and
15-12 251.063, Health and Safety Code, as added by this Act:
15-13 (1) a facility is not required to be licensed under
15-14 Chapter 251, Health and Safety Code, as added by this Act, before
15-15 January 1, 1996; and
15-16 (2) a facility that is required to be licensed under
15-17 that chapter and that is, on the effective date of this Act,
15-18 licensed under Chapter 242, Health and Safety Code, may continue to
15-19 operate under the license issued under Chapter 242 until the later
15-20 of:
15-21 (A) December 31, 1995; or
15-22 (B) the date on which the license is subject to
15-23 renewal.
15-24 (b) A license issued under Chapter 242, Health and Safety
15-25 Code, to an institution that is required to be licensed as a
15-26 facility under Chapter 251, Health and Safety Code, as added by
15-27 this Act, may not be renewed after December 1, 1995.
15-28 SECTION 6. Subchapter H, Chapter 251, Health and Safety
15-29 Code, as added by this Act, applies only to a dispute described by
15-30 Section 251.251, Health and Safety Code, as added by this Act, with
15-31 respect to which formal proceedings are commenced on or after
15-32 January 1, 1996.
15-33 SECTION 7. The importance of this legislation and the
15-34 crowded condition of the calendars in both houses create an
15-35 emergency and an imperative public necessity that the
15-36 constitutional rule requiring bills to be read on three several
15-37 days in each house be suspended, and this rule is hereby suspended.
15-38 * * * * *