By: Shapiro S.B. No. 1543
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the inspection, regulation and operation of personal
1-2 care facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 247.027, Health and Safety Code is
1-5 amended to read as follows:
1-6 Sec. 247.027. INSPECTIONS. (a) In addition to the
1-7 inspection required under Section 247.023(a), the department may
1-8 inspect a personal care facility at reasonable times as necessary
1-9 to assume compliance with this chapter.
1-10 (b) Any inspection performed by the department, or another
1-11 entity by contract, shall discuss their findings with the
1-12 designated management of the personal care facility, upon exit.
1-13 These findings shall be discussed with the facility prior to any
1-14 regional or central office decisions, allowing management an
1-15 opportunity for input and information. The requirement applies to
1-16 all department and/or contracted inspections under this Section and
1-17 Section 247.023(a). At the exit conference the inspectors shall
1-18 list all violations, with specific reference to the standard
1-19 violated. Should inspectors attempt to add violations subsequent
1-20 to the exit conference, the personal care facility's management
1-21 shall be given the opportunity for another exit conference in order
1-22 to present additional information and input. Any response time
1-23 period by the personal care facility subsequent to an exit
2-1 conference, shall begin again from the date of the subsequent exit
2-2 conference.
2-3 (c) If the personal care facility does not agree with the
2-4 inspectors conclusions and agreement cannot be reached regarding
2-5 violation of standards, the personal care facility shall be
2-6 provided an informal hearing with the department's regional level
2-7 administrator or his/her designee. This regional administrator or
2-8 his/her designee must have supervisory authority over the inspector
2-9 or inspectors directly involved in the inspection in dispute.
2-10 (d) Since there are potentially serious implications to a
2-11 personal care facility for the record having a deficiency, even if
2-12 it does not result in any punitive action, the facility shall have
2-13 the opportunity to remove said deficiency(s) utilizing the informal
2-14 procedures under (a), (b), (c) above. Further, if the personal
2-15 care facility is not satisfied, they can also avail themselves to
2-16 due process in Section 247.041(b), after the statement of
2-17 deficiency.
2-18 SECTION 2. Section 247.041, Health and Safety Code is
2-19 amended to read as follows:
2-20 (a) The department may deny, suspend, or revoke a license
2-21 for <a violation> substantial violations of this chapter or a rule
2-22 adopted under this chapter.
2-23 (b) The denial, suspension, or revocation of a license by
2-24 the department <and the appeal from that action are governed by the
2-25 procedures for a contested case hearing under the Administrative
3-1 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-2 Civil Statutes)> shall take place only after the personal care
3-3 facility's opportunity for notice and hearing in accordance with
3-4 the contested case hearing procedures under the Texas
3-5 Administrative Procedures and Texas Register Act (Article 6252-13a,
3-6 Vernon's Texas Civil Statutes).
3-7 SECTION 3. Section 247.042, Health and Safety Code is to be
3-8 amended as follows:
3-9 Section 247.042. EMERGENCY SUSPENSION OR CLOSING ORDER.
3-10 (a) If the department finds a personal care facility operating in
3-11 substantial violations of the standards prescribed under this
3-12 chapter and the violations create an immediate threat to the health
3-13 and safety of <a resident> the residents in the facility, the
3-14 department shall suspend the license or order immediate closing of
3-15 all or part of the facility.
3-16 (b) The order suspending a license or closure under
3-17 Subsection (a) is effective <immediately on written notice to the
3-18 license holder or on the date specified in the order> only after
3-19 written order of the Commissioner upon his/her finding there exists
3-20 an immediate threat to the health and safety of the personal care
3-21 facility's residents.
3-22 (c) The order suspending the license and/or ordering closure
3-23 of all or part of a personal care facility is valid for 10 days
3-24 after its effective date. No order is effective until the
3-25 Commissioner's order is hand-delivered to the employee in charge of
4-1 the personal care facility by an employee of the department, who
4-2 will obtain a receipt for the delivery of the suspension or closure
4-3 order.
4-4 (d) Only after the foregoing actions (a), (b), (c) above
4-5 shall the department <shall> provide for the relocation of residents
4-6 of a personal care facility that is closed. The relocation may not
4-7 be to a facility with a more restrictive environment unless all
4-8 other reasonable alternatives are exhausted. Relocation procedures
4-9 shall be adopted as part of the memorandum of understanding adopted
4-10 under Section 247.062.
4-11 SECTION 4. Section 247.043, Health and Safety Code is
4-12 amended to read as follows:
4-13 Sec. 247.043. Investigation of Abuse, Exploitation, or
4-14 Neglect. (a) The department shall conduct a preliminary
4-15 investigation of each allegation of abuse, exploitation, or neglect
4-16 of a resident of a personal care facility to determine if there is
4-17 evidence to corroborate the allegation. If the department
4-18 determines that there is evidence to corroborate the allegation,
4-19 the department shall conduct a thorough investigation of the
4-20 allegation.
4-21 (b) If the thorough investigation reveals that abuse,
4-22 exploitation, or neglect has occurred, the department shall
4-23 implement enforcement measures, including citing of deficiencies
4-24 and demanding an acceptable plan of correction, closing the
4-25 facility, revoking the facility's license, relocating residents,
5-1 and making referrals to law enforcement agencies.
5-2 (c) Subsequent to any investigation under (a) and/or (b)
5-3 above, the facility shall be supplied with written summary of the
5-4 allegations and the department's findings.
5-5 (d) It is the responsibility of all employees to report
5-6 abuse, neglect or exploitation to the Department of Human Services
5-7 at their state offices by telephone. The Department shall publish
5-8 weekday and weekend numbers to be used for reporting.
5-9 (e) It is the responsibility as a condition of employment
5-10 that each employee of the personal care facility submit a signed
5-11 written report to the personal care facility's administrator,
5-12 should they have direct or indirect knowledge of resident neglect
5-13 or abuse. It then becomes the facility's responsibility to
5-14 appropriately investigate and report to the department and the
5-15 local law enforcement authorities.
5-16 (f) Each employee of a personal care facility must sign a
5-17 statement that they realize that they may be criminally liable for
5-18 failure to report abuse, neglect or exploitations.
5-19 SECTION 5. Section 247.051, Health and Safety Code is
5-20 amended by adding a new subsection (e) to read as follows:
5-21 (e) All proposed changes in regulations on standards, and/or
5-22 reimbursement, shall be submitted to the Committee for review and
5-23 comment.
5-24 SECTION 6. This Act takes effect September 1, 1995.
5-25 SECTION 7. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.