SRC-CDH C.S.S.B. 1159 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1159
By: Carona
Health & Human Services
4-4-97
Committee Report (Substituted)


DIGEST 

Currently, personal care and assisted living settings have become the
accommodation of choice for consumers who live at home with security
risks, but do not need continuous medical intervention. Because of the
growing need and demand for this type of care, many unlicensed
accommodations are springing up around the state.  The Department of Human
Services (DHS) identified the existence of 3,000 to 4,000 unlicensed
facilities in 1995, and reports of exploitation of consumers in unlicensed
accommodations have raised serious concern.  In an effort to better
protect the quality of care provided to persons in these homes, C.S.S.B.
1159 authorizes DHS to petition for a temporary restraining order if a
facility is operating without a license; requires a personal care facility
to use its license number in all advertisements and promotional materials;
requires greater cooperation among agencies with personal care facility
oversight; and provides civil penalties for the operation of a facility
without a license.   

PURPOSE

As proposed, C.S.S.B. 1159 provides for regulation of personal care
facilities and establishes a civil penalty. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Protective and
Regulatory Services in SECTION 5 (Section 247.046, Health and Safety Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 247.024, Health and Safety Code, as follows:

Sec. 247.024.  New heading:  FEES; DISPOSITION OF REVENUE.  Requires the
Texas Board of Human Services (board) to set license fees imposed by this
chapter in certain amounts.  Requires all fees or penalties collected to
be deposited in the state treasury to the credit of the general revenue
fund, rather than the personal care facility licensing fund, and
appropriated to the Texas Department of Human Services (DHS) only to
administer and enforce this chapter.  Prohibits investigation or
attorney's fees from being assessed against or collected from a personal
care facility by or on behalf of DHS or another state agency unless DHS or
another state agency assesses and collects a penalty from the facility.  

SECTION 2. Amends Section 247.026(b), Health and Safety Code, to require
minimum standards to require a personal care facility to use its license
number in all advertisements, solicitations, and promotional materials.
Makes conforming changes. 

SECTION 3. Amends Section 247.044(a), Health and Safety Code, to authorize
DHS to petition a district court for a temporary restraining order if DHS
finds that the facility is operating without a license.  Makes conforming
changes.   

SECTION 4. Amends Section 247.045, Health and Safety Code, to provide that
a person is subject to a civil penalty if the person is in violation of
Section 247.021, regarding license requirements; or has been determined to
be in violation of Section 247.021 and violates any other provision of
this chapter or fails to comply with a rule adopted under this chapter.
Prohibits the amount of a civil  penalty under Subsection (b) from being
less than $1,000 or more than $10,000 for each act of violation, with each
day of a continuing violation constituting a separate ground of recovery.
Makes a conforming change.  Requires DHS to refer the case to the local
district attorney, county attorney, or city attorney if the attorney
general fails to take action within 30 days of referral from DHS. Requires
the district attorney, county attorney, or city attorney to file suit in a
district court to collect and retain the penalty.         

SECTION 5. Amends Section 247.046, Health and Safety Code, as amended by
Chapter 76, Acts of the 74th Legislature, Regular Session, 1995, to set
forth the terms by which the board, the Department of Protective and
Regulatory Services, and the attorney general are required to adopt, by
rule, a memorandum of understanding regarding cooperation among agencies.  

SECTION 6. Effective date:  September 1, 1997.

SECTION 7. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 247.024, Health and Safety Code, to set forth the terms by
which the board must set license fees, and by which the fees or penalties
shall be deposited and appropriated. Prohibits investigation or attorney's
fees from being assessed or collected from a personal care facility by or
on behalf of DHS or another state agency unless certain conditions are
met.  
SECTION 4.

Amends Section 247.045, Health and Safety Code, to require DHS, if the
attorney general fails to take action within 30 days of referral from DHS,
to refer the case to the local district attorney, county attorney, or city
attorney.  Requires the district attorney, county attorney, or city
attorney to file suit in a district court to collect and retain the
penalty.