RLV S.B. 908 75(R)BILL ANALYSIS


PUBLIC HEALTH
S.B. 908
By: Zaffirini (Chavez)
4-30-97
Committee Report (Unamended)


BACKGROUND 

Currently, the Texas Department of Health (TDH) is responsible for
licensing all hospitals.  In addition to state licensing requirements,
many hospitals seek Medicare certification or accreditation from national
accreditation organizations, all of which require on-site surveys or
inspections. Hospitals that are nationally accredited or certified are to
be inspected at least once every three years. Medicare funding cutbacks,
however, have created an inspection cycle with no established frequency,
and TDH is not authorized to conduct an on-site inspection of a hospital
that has a Medicare certification or national accreditation.  Patients and
other stakeholders have no assurance, therefore, that hospitals will be
inspected  regularly to ensure these facilities safety and quality.  

PURPOSE

S.B. 908 establishes the licensing and inspection of certain hospitals.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 222.024, Health and Safety Code, as follows:

Subsection (a) establishes that except as provided by Subsection (c), a
hospital licensed by the Texas Department of Health (TDH) is not subject
to additional annual licensing inspections before TDH issues the hospital
a license while the hospital maintains certain standards of certification
and accreditation.  Deletes the provision establishing that a hospital
licensed by TDH or the Texas Department of Mental Health and Mental
Retardation (MHMR) is not subject to licensing inspections before the
agency issues the hospital a license under Chapter 241 or by the licensing
agency. 

Subsection (b) deletes the provision regarding issuance of a renewal
license by MHMR.  Makes conforming and non substantive changes. 

Subsection (c)  authorizes TDH to conduct an inspection of a hospital
exempt from an annual licensing inspection under Subsection (a) before
issuing a renewal license to the hospital if the certification or
accreditation body has not conducted an on-site inspection of the hospital
in the preceding three years and TDH determines that an inspection of the
hospital by the certification or accreditation body is not scheduled
within 60 days.  

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.