SRC-JFA S.B. 1234 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1234
By: Moncrief
Health and Human Services
3-19-97
As Filed


DIGEST 

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

As proposed, 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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 142.006, Health and Safety Code, by amending
Subsection (d) and by adding Subsections (e)-(g), to require, rather than
authorize 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.  Requires 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 by MHMR or
its designated local authority in accordance with standards set by MHMR
has satisfied the requirements for licensing.  Requires a person to
provide the department with documentation issued by the agency that
certifies and monitors the home and community support services agency that
demonstrates that the person complies with applicable standards.  Provides
that a license fee is required at the time of the application.  Makes
conforming changes. 

SECTION 2. Amends Section 142.009, Health and Safety Code, by amending
Subsections (i)-(k) and by adding Subsection (l), to provide 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.  Authorizes 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 licensed under Sections 142.006(d) and (e), that
are certified and monitored by a state agency.  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 licensed under Sections 142.006(d) and (e).  Authorizes
the department to take enforcement action under this chapter, except for
the assessment of administrative penalties against a home and community
support services agency licensed under Section 142.006(d) or (e).     

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.