BG S.B. 1234 75(R)BILL ANALYSIS


PUBLIC HEALTH
S.B. 1234
By: Moncrief (Brimer)
5-12-97
Committee Report (Amended)


BACKGROUND 

Currently, the Texas Department of Health (department) is directed to
govern the licensure of home and community support services agencies.
These regulations include governing providers of hospice, respite and
personal assistance services, as well as providers already monitored by
other state agencies.  As a result, there is a duplication of process by
the government in regard to regulation of such home and community support
services agencies.  This bill would require the department to find that
certain home and community support services agencies have satisfied the
licensing requirements if the agency is certified and monitored by a state
agency that has developed standards which ensure the health and safety of
service recipients.  Additionally, this bill would exempt such agencies
from  department surveys and administrative penalties assessed by the
department.  
     
PURPOSE

S.B. 1234 sets forth guidelines for the regulation of certain home and
community support services agencies by the Texas Department of Health.  

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 142.006, Health and Safety Code, by amending
Subsections (d) and (e) and adding Subsections (f) and (g), as follows: 

Subsection (d)  revises permissive wording and adds language  to require,
rather than allow the Department of Health (department) to find that a
home and community support services agency, only providing long-term care
Medicaid waiver services that are publicly funded, has satisfied the
requirements for licensing under this chapter if the agency is certified
and monitored by a state agency that has developed standards which ensure
the health and safety of service recipients.  Provides that the department
will review the certification standards for home and community support
services agencies licensed under this section.  Deletes previous
provisions relating to certification standards.   

Subsection (e) adds language to require the department to find that a home
and community support services agency that provides home health, hospice,
or personal assistance services only to persons enrolled in a program that
is funded in whole or in part by the Texas Department of Mental Health and
Mental Retardation (MHMR) and is monitored, as specified, by MHMR or its
designated local authority has satisfied licensing requirements. 

Subsection (f) is added to establish that a person must provide the
department with documentation as specified, that demonstrates that the
person complies with applicable standards when applying for a license
under Subsection (d) or (e) and annually before the license is renewed.
Provides that a license fee is required at the time of application. 

 Subsection (g) makes a conforming change.

 SECTION 2. Amends Section 142.009, Health and Safety Code, by amending
Subsections (i)-(k) and by adding Subsection (l), to establish that a home
and community support services agency licensed under Section 142.006(d) or
(e) is not subject to surveys conducted by licensing personnel of the
department to meet the requirements of this chapter. Makes conforming
changes. 

SECTION 3. Amends Chapter 142A, Health and Safety Code, by adding Section
142.017, as follows: 

Sec. 142.017.  ADMINISTRATIVE PENALTY.  Allows the department to assess an
administrative penalty against a person who violates this chapter or rule
adopted under this chapter except for home and community support services
agencies, as specified.  Provides that the agencies listed in Sections
142.006(d) and (e) are subject to sanctions or penalties by the state
agency that certifies and monitors the services and each such agency is
required to inform the department within 5 working days of any sanction or
adverse action taken against a home and community support services agency
as specified. Allows the department to take enforcement action under this
chapter, except as specified. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.
    
EXPLANATION OF AMENDMENTS

The committee amendment to SB 1234 makes the following changes:

Subdivision 1.  Removes the sentence regarding the review of agency
standards, as the department does not need to review the agency standards,
but rather confirm if the agency has developed health and safety
standards, and will monitor for compliance with the certification
standards as required.  If the agency does not have both in place, the
department will apply the department 's licensing standards and will
assume monitoring and enforcement jurisdiction.  

Subdivision 2.    Adds language to clarify that the department will use
the certifying agency's standards as the standards for the issuance of a
license.