BG S.B. 1248 75(R)BILL ANALYSIS
PUBLIC HEALTH
S.B. 1248
By: Madla (Coleman)
5-14-97
Committee Report (Unamended)
BACKGROUND
Currently, the Intermediate Care Facilities and Mental Retardation Program
is codified in Chapter 242 of the Health and Safety Code, relating to the
regulation of nursing home programs in the state. Over the years, national
trends and changes in philosophy regarding services to people with mental
retardation have significantly changed. In contrast, the trends in
services to individuals residing in nursing facilities have changed little
over the years. This bill would set forth Chapter 252, Health and Safety
Code, pertaining to the direct regulation and governance of intermediate
care facilities for the mentally retarded by the Texas Department of Human
Services and Texas Board of Human Services.
PURPOSE
S.B. 1248 sets forth Chapter 252, Health and Safety Code, containing the
regulations and guidelines for intermediate care facilities for the
mentally retarded.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Board of Human Services (board) in
SECTION 1 (Sec. 252.034(a), Sec. 252.037, Sec. 252.038(b), Sec.
252.040(a), Sec. 252.061(b), Sec. 252.065(b), Sec. 252.066(a), specified
in Subsections (b) and (c), Sec. 252.129(b) and specified in Subsection
(c), Sec. 252.134(d), Sec. 252.182(b), and referenced in Sec. 252.185,
Health and Safety Code); to the Texas Department of Human Services
(department) in SECTION 1 (Sec. 252.008, Sec. 252.033(e), and Sec.
252.151, Health and Safety Code); to the board or a designated agency in
SECTION 1 (Section 252.126, Health and Safety Code); and to the department
and designee of the department in SECTION 1 (Section 252.007(a), Health
and Safety Code) of this bill. Additionally, the department's rulemaking
is referenced in SECTION 1 (Sec. 252.032(b), and Sec. 252.122(a) Health
and Safety Code).
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 4B, Health and Safety Code, by adding Chapter 252,
as follows:
CHAPTER 252. INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
RETARDED
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 252.001. PURPOSE. Provides that the purpose of this chapter is to
promote public health, safety, and welfare by providing for the
development, establishment, and enforcement of standards for the provision
of services to individuals residing in intermediate care facilities for
the mentally retarded and the establishment, construction, maintenance,
and operation of facilities providing this service that will promote
quality in the delivery of services and treatment of residents.
Sec. 252.002. DEFINITIONS. Defines "board," "department," "designee,"
"facility," "governmental unit," "person," and "resident."
Sec. 252.003. EXEMPTIONS. Sets forth certain establishments that, except
as otherwise specified, this chapter does not apply to.
Sec. 252.004. ALLOCATED FEDERAL MONEY. Allows the Department of Human
Services (department) to accept and use any money allocated by the federal
government to the department for administrative expenses.
Sec. 252.005. LANGUAGE REQUIREMENTS PROHIBITED. Prohibits a facility
from prohibiting a resident or employee from communicating in the person's
native language with another resident or employee for the purpose of
acquiring care, training, or treatment.
Sec. 252.006. RIGHTS OF RESIDENTS. Requires each facility to implement
and enforce Chapter 102, Human Resources Code.
Sec. 252.007. PAPERWORK REDUCTION RULES. Requires the department and any
designee of the department to adopt rules to reduce the amount of
paperwork a facility must complete and retain; and attempt to reduce the
amount of paperwork to the minimum amount required by state and federal
law unless the reduction would jeopardize resident safety. Requires the
department, any designee of the department, and each facility to work
together to review rules and propose changes in paperwork requirements so
that additional time is available for direct residential care.
Sec. 252.008. RULES GENERALLY. Requires the department to adopt rules
related to the administration and implementation of this chapter.
Sec. 252.009. CONTINUATION AND COORDINATION. Requires the department to
use the services of and consult with state and local agencies in carrying
out the department's functions; and use the facilities of the department
or a designee of the department as specified. Authorizes the department
to cooperate with local public health officials of a municipality or
county and to delegate to those officials the power to make inspections
and recommendations to the department. Authorizes the department to
coordinate its personnel and facilities with a local agency of a
municipality or county and to provide advice to the municipality or county
if the municipality or county decides to supplement the state program with
additional rules required to meet local conditions.
Sec. 252.010. CHANGE OF ADMINISTRATORS; FEE. Sets forth the actions
which a facility that hires a new administrator or other person designated
as the chief management officer for the facility is required to do upon
such a hiring.
Sec. 252.011. PROHIBITION OF RENUMERATION. Prohibits a facility from
receiving monetary or other renumeration from a person or agency that
furnishes services or materials to the facility or residents for a fee.
Authorizes the department to revoke the license of a facility that
violates this section.
SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS
Sec. 252.031. LICENSE REQUIRED. Prohibits a person or governmental unit
from establishing, conducting, or maintaining a facility in this state
without a license.
Sec. 252.032. LICENSE APPLICATION. Provides that an application for a
license is made to the department on a form provided by the department and
must be accompanied by the license fee adopted under Section 252.034.
Requires the application to contain information that the department
requires. Authorizes the department to require affirmative evidence of
ability to comply with the standards and rules adopted under this chapter.
Sec. 252.033. ISSUANCE AND RENEWAL OF LICENSE. Requires the department,
after receiving the application, to issue a license if it finds that the
applicant and facility meet the requirements established under this
chapter. Authorizes the department to issue a license only for the
premises and persons or governmental unit named in the application; and
the maximum number of beds specified in the application. Prohibits a
license from being transferred or assigned. Provides that a license is
renewable on the second anniversary of issuance or renewal of the license
after certain conditions are met. Requires the renewal report to be filed
in accordance with certain rules adopted by the department. Prohibits the
department from issuing a license for new beds or an expansion of an
existing facility under this chapter unless the addition of new beds or
the expansion is included in the plan approved by the Health and Human
Services Commission in accordance with Section 533.062. Provides that a
license or renewal fee imposed under this chapter is an allowable cost for
reimbursement under the state Medicaid program. Requires an increase in
the amount of a fee to be reflected in reimbursement rates prospectively.
Sec. 252.034. LICENSE FEES. Authorizes the Board of Human Services
(board), by rule, to adopt a fee for a license issued under this chapter.
Sets forth the maximum amount of the fee. Requires the license fee to be
paid with each application for an initial license or for a renewal or
change of ownership of a license. Provides that a facility operated by
the state is not required to pay a license fee. Authorizes the board to
adopt an additional fee for the approval of an increase in bed space.
Requires all license fees collected under this section to be deposited in
the state treasury to the credit of the department and authorizes all
licensee fees collected under this section to be appropriated to the
department to administer and enforce this chapter.
Sec. 252.035. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. Authorizes
the department to deny, suspend, or revoke a license if the department
finds that the applicant or license holder has substantially failed to
comply with the requirements established under this chapter. Provides
that the status of an applicant for a license or a license holder is
preserved until final disposition of a contested matter, except as the
court may order in the public interest for the welfare and safety of the
residents.
Sec. 252.036. MINIMUM STANDARDS. Allows the board to adopt, publish, and
enforce certain minimum standards, as specified, relating to the facility
and the facility's residents.
Sec. 252.037. REASONABLE TIME TO COMPLY. Requires the board, by rule, to
give a facility that is in operation when a rule or standard is adopted
under this chapter a reasonable time to comply with the rule or standard.
Sec. 252.038. FIRE SAFETY REQUIREMENTS. Requires a facility to comply
with the fire requirements established under this section. Requires the
board, by rule, to adopt the fire safety standards applicable to the
facility. Requires the standards to be the same as the fire safety
standards established by an edition of the Life Safety Code of the
National Fire Protection Association. Allows the edition selected, to be
different for facilities or portions of facilities operated or approved
for construction at different times, if so required by federal law or
regulation. Requires a facility that is licensed under applicable law on
September 1, 1997, to comply with the fire safety standards applicable to
the facility on that date. Provides that the rules adopted under this
section do not prevent a facility licensed under this chapter from
voluntarily conforming to fire safety standards that are compatible with,
equal to, or more stringent that those adopted by the board. Allows a
municipality to enact additional and more stringent fire safety standards
applicable to new construction begun on or after September 1, 1997.
Sec. 252.039. POSTING. Requires each facility to prominently and
conspicuously post for display in a public area of the facility that is
readily available to residents, employers, and visitors certain items
relating to the operation and regulation of the facility.
Sec. 252.040. INSPECTIONS. Authorizes the department or its designee to
make any inspection, survey, or investigation that it considers necessary
and to enter the premises of a facility at reasonable times to make an
inspection, survey, or investigation. Provides that the department is
entitled to access certain documents maintained by or on behalf of a
facility to the extent necessary to enforce this chapter and the rules
adopted under this chapter. Provides that a license holder or an applicant
for a license is considered to have consented to entry and inspection of
the facility by a representative of the department. Requires the
department to establish procedures to preserve all relevant evidence of
conditions that the department finds during an inspection, survey, or
investigation that the department reasonably believes threaten a resident.
Allows the procedures to include photography or photocopying of relevant
documents. Requires the department to respect the privacy of the resident
to the greatest extent possible; and prohibits making the identity of the
resident known to the public. Provides that a facility, an officer or
employee of a facility, and a resident's attending physician are not
civilly liable for surrendering confidential or private material under
this section. Requires the department to establish a form to summarize
each inspection report and complaint investigation report. Requires the
department to establish proper procedures to ensure that copies of all
forms and reports under this section are made available to consumers,
service recipients, and the relatives of service recipients as the
department considers proper.
Sec. 252.041. UNANNOUNCED INSPECTIONS. Requires the department to
conduct at least two unannounced inspections of each facility during each
licensing period. Requires the department to randomly select a sufficient
percentage of facilities for unannounced inspections to be conducted
between 5 p.m. and 8 a.m. in order to ensure compliance. Provides that the
inspections must be cursory to avoid any disruption of the residents to
the greatest extent feasible. Allows the department to require additional
inspections. Authorizes the department to invite at least one person as a
citizen advocate to participate in inspections. Provides that the
advocate must be an individual who has an interest in or who is employed
by or affiliated with an organization or entity that represents, advocates
for, or serves individuals with mental retardation or a related condition.
Sec. 252.042. DISCLOSURE OF UNANNOUNCED INSPECTIONS; CRIMINAL PENALTY.
Establishes that a person commits a Class B misdemeanor if the person
intentionally, knowingly, or recklessly discloses to an unauthorized
person facts about an unannounced inspection of a facility before the
inspection occurs. Sets forth persons who are not included within the
definition of "unauthorized person." Provides that a person convicted
under this section is not eligible for state employment.
Sec. 252.043. LICENSING SURVEYS. Requires the department to provide a
team to conduct surveys to validate findings of licensing surveys.
Provides that the purpose of such a survey is to assure that survey teams
survey in a fair and consistent manner. Provides that a facility
subjected to a validation survey must correct deficiencies cited by the
validation team but is not subject to punitive action for those
deficiencies.
SUBCHAPTER C. GENERAL ENFORCEMENT
Sec. 252.061. EMERGENCY SUSPENSION OR CLOSING ORDER. Requires the
department to suspend a facility's license or order an immediate closing
of part of the facility if certain conditions are found by the department.
Requires the board, by rule, to provide for the placement of residents
during the facility's suspension or closing to ensure their health and
safety. Provides that an order suspending a license or closing a part of
a facility under this section is immediately effective on the date on
which the license holder receives written notice or a later date specified
in the court order. Provides that an order suspending a license or
ordering an immediate closing of a part of a facility is valid for 10 days
after the effective date of the order.
Sec. 252.062. INJUNCTION. Authorizes the department to petition a
district court for a temporary restraining order to restrain a person from
continuing a violation of the standards if the department finds that the
violation creates an immediate threat to the health and safety of the
facility's residents. Authorizes the district court, by injunction, to
prohibit a person from continuing a violation of the standards or
licensing requirements prescribed by this chapter; to restrain or prevent
the establishment, conduct, management, or operation of a facility without
a license issued under this chapter; or to grant the injunctive relief
warranted by the facts on a finding by the court that a person is
violating the standards or licensing requirements prescribed by this
chapter. Authorizes the attorney general, on request by the department,
to bring and conduct on behalf of the state a suit authorized by this
section. Requires a suit for a temporary restraining order or other
injunctive relief to be brought in the county in which the alleged
violation occurs.
Sec. 252.063. LICENSE REQUIREMENTS; CRIMINAL PENALTY. Provides that a
person commits an offense if the person violates Section 252.031.
Provides that an offense under this section is punishable by a fine of not
more than $1,000 for the first offense and not more than $500 for each
subsequent offense. Provides that each day of a continuing violation
after conviction is a separate offense.
Sec. 252.064. CIVIL PENALTY. Provides that a person who violates this
chapter or a rule adopted under this chapter is liable for a civil penalty
of not less than $100 or more than $10,000 for each violation if the
department determines the violation threatens the health and safety of a
resident. Provides that each day of a continuing violation constitutes a
separate ground for recovery. Requires the attorney general, on request
of the department, to bring and conduct a suit to collect a civil penalty.
Requires the amount collected to be remitted to the comptroller for
deposit to the credit of the general revenue fund.
Sec. 252.065. ADMINISTRATIVE PENALTY. (a) Authorizes the department to
assess an administrative penalty against a facility that violates this
chapter or a rule adopted under this chapter as specified by this section.
(b) Requires the department, by rule, to establish graduations and
amounts of penalties.
(c) Sets forth the factors the department is required to consider in
determining the amount of the penalty.
(d) Prohibits the amount of the penalty from exceeding $5,000 for each
violation. Provides that each day of a continuing violation constitutes a
separate violation.
(e) Prohibits the department from assessing a penalty under both this
subchapter and Section 32.021, Human Resources Code, for a violation
arising out of the same act or failure to act.
Sec. 252.066. RULES REGARDING ADMINISTRATIVE PENALTY. Requires the board
to adopt rules governing the assessment of administrative penalties under
this chapter, including rules providing procedures for giving notice of a
violation to a facility; payment and refund of the penalty; and hearings
and appeals. Require rules adopted under this section to include specific
and objective criteria that describe the scope and severity of a violation
that results in a recommendation for each specific penalty. Requires a
penalty to be appropriate to the violation and may be imposed only when a
violation presents an immediate and serious threat to the health and
safety of a resident. Requires the rules to establish a system to ensure
standard and consistent application of penalties by local surveyors and
across different areas of the state. Authorizes the department to
prescribe a per diem penalty. Sets forth the guidelines relating to the
per diem penalty. Defines "immediate and serious threat."
SUBCHAPTER D. TRUSTEES FOR FACILITIES
Sec. 252.091. FINDINGS AND PURPOSE. Provides that the legislature finds
that closing a facility for a violation of a law or rule may have an
adverse effect on the facility's residents and their families; and result
in a lack of readily available financial resources to meet the basic needs
of the residents for food, shelter, medication, and personal services.
Provides that the purpose of this subchapter is to provide for the
appointment of a trustee to assume the operations of the facility in a
manner that emphasizes resident care and reduces resident trauma; and a
fund to assist a court-appointed trustee in meeting the basic needs of the
residents.
Sec. 252.092. APPOINTMENT BY AGREEMENT. Authorizes a person who holds a
controlling interest in a facility to request the department to assume the
operation of the facility through the appointment of a trustee under this
subchapter. Authorizes the department to enter into an agreement
providing for the appointment of a trustee to take charge of the facility
under conditions both parties consider appropriate if the department
considers the appointment desirable. Sets forth the required conditions
of an agreement. Sets forth the termination time of the agreement.
Sec. 252.093. INVOLUNTARY APPOINTMENT. Authorizes the department to
request the attorney general to bring an action on behalf of the state for
the appointment of a trustee to operate a facility under certain
circumstances. Allows an appointed trustee only to ensure an orderly and
safe relocation of the facility's residents as quickly as possible.
Requires a court to appoint a trustee to take charge of a facility if the
court finds that involuntary appointment of a trustee is necessary.
Requires the court, if possible, to appoint as trustee an individual whose
background includes mental retardation service administration. Provides
that an action under this section must be brought in Travis County.
Sec. 252.094. FEE; RELEASE OF MONEY. Provides that a trustee appointed
under this subchapter is entitled to a reasonable fee as determined by the
court. Authorizes the trustee to petition the court to order the release
to the trustee of any payment owed the trustee for care and services
provided to the residents if the payment has been withheld.
Sec. 252.095. EMERGENCY ASSISTANCE FEE. Authorizes the department to
collect an annual fee to be used to make emergency assistance money
available to a facility licensed under this chapter. Requires the fee
collected under this section to be in the amount prescribed by Section
242.097(b) and to be deposited to the credit of the nursing and
convalescent home trust fund established under Section 242.096.
Authorizes the department to disburse money to a trustee for a facility
licensed under this chapter to alleviate an immediate threat to the health
or safety of the facility's residents. Authorizes payments to include
payments described by Section 242.096(b). Authorizes a court to order the
department to disburse emergency assistance money to a trustee for a
facility licensed under this chapter if the court makes the findings
provided by Section 242.096(c).
Sec. 252.096. REIMBURSEMENT. Requires a facility that receives emergency
assistance money under this subchapter to reimburse the department for the
amounts received including interest. Provides that the interest on
unreimbursed amounts begins to accrue on the date the money is disbursed
to the facility. Sets forth the rate of interest. Provides that the
owner of the facility when the trustee is appointed is responsible for the
reimbursement. Provides that the amount that remains unreimbursed on the
first anniversary of the date on which the money is received is delinquent
and the department may determine that the facility is ineligible for a
Medicaid provider contract. Requires the department to deposit the
reimbursement and interest received under this section to the credit of
the nursing and convalescent home trust fund. Requires the attorney
general to institute an action to collect money due under this section at
the request of the department. Requires an action to be brought in Travis
County.
Sec. 252.097. NOTIFICATION OF CLOSURE; CRIMINAL PENALTY. Requires a
facility that is closing to notify the residents of the closing and make
reasonable efforts to notify in writing each resident's nearest relative
or the person responsible for the resident's support within a reasonable
time before the facility closes. Requires the facility to make the
notification immediately on receiving a notice of the closing, if the
department orders a facility to close or the facility's closure is in any
other way involuntary. Requires the facility, if the closure is
voluntary, to make the notification not later than one week after the date
on which the decision to close is made.
Sec. 252.098. CRIMINAL PENALTY FOR FAILURE TO NOTIFY. Provides that a
facility commits a Class A misdemeanor if the facility knowingly fails to
comply with Section 252.097.
SUBCHAPTER E. REPORTS OF ABUSE AND NEGLECT
Sec. 252.121. DEFINITION. Defines "designated agency."
Sec. 252.122. REPORTING OF ABUSE AND NEGLECT. Requires a person who has
cause to believe that the physical or mental health or welfare of a
resident has been or may be adversely affected by abuse or neglect caused
by another person to report the abuse or neglect to the department, to a
designated agency, or to both. Requires each facility to require each
employee of the facility to sign a statement that the employee realizes
that the employee may be criminally liable for failure to report abuse or
neglect. Requires a person to make an oral report immediately on learning
of abuse or neglect and to make a written report to the same agency by the
fifth day after the oral report is made.
Sec. 252.123. CONTENTS OF REPORT. Establishes that a report of abuse or
neglect is nonaccusatory and reflects the reporting person's belief that a
resident has been or will be abused or neglected or has died of abuse or
neglect. Sets forth the required contents of the report.
Sec. 252.124. ANONYMOUS REPORTS OF ABUSE OR NEGLECT. Requires an
anonymous report of abuse or neglect to be received and acted on in the
same manner as an acknowledged report. Requires a local or state law
enforcement agency that receives a report of abuse or neglect to refer the
report to the department or the designated agency.
Sec. 252.125. INVESTIGATION AND REPORT OF RECEIVING AGENCY. Requires the
department or the designated agency to make a thorough investigation
promptly after receiving a report. Provides that the primary purpose of
the investigation is the protection of the resident. Sets forth the facts
and information the department or the designated agency is required to
determine in the investigation. Allows the investigation to include a
visit to the resident's facility and an interview with the resident.
Requires a probate or county court under certain circumstances to order
the person responsible for the care of a resident or the person in charge
of a place where the resident is located to allow for the investigation
and any interview with the resident. Requires the department to file a
petition for temporary care and protection of the resident if the
department determines that immediate removal is necessary to protect the
resident from further abuse or neglect. Requires the department or the
designated agency to make a complete written report of the investigation
and submit the report and its recommendations to the district attorney and
the appropriate law enforcement agency and to the department on the
department's request.
Sec. 252.126. CONFIDENTIALITY. Provides that a report, record, or
working paper used or developed in an investigation made under this
subchapter is confidential and may be disclosed only for purposes
consistent with the rules adopted by the board or the designated agency.
Sec. 252.127. IMMUNITY. Provides that a person who reports an act of
abuse or neglect as provided by this subchapter is immune from civil or
criminal liability that, in the absence of immunity, might result from
making the report. Provides that the immunity provided by this section
extends to participation in any judicial proceeding that results from the
report.
Sec. 252.128. PRIVILEGED COMMUNICATIONS. Prohibits evidence in a
proceeding regarding the abuse or neglect of a resident or the cause of
any abuse or neglect from being excluded on the ground of privileged
communication except in the case of a communication between an attorney
and client.
Sec. 252.129. CENTRAL REGISTRY. Requires the department to maintain in
the city of Austin a central registry of reported cases of resident abuse
or neglect. Requires the department to include the registry maintained
under Section 242.130. Authorizes the board to adopt rules necessary to
carry out this section. Requires the rules to provide for cooperation
with hospitals and clinics in the exchange of reports of resident abuse or
neglect.
Sec. 252.130. FAILURE TO REPORT; CRIMINAL PENALTY. Provides that a
person commits a Class A misdemeanor if the person has cause to believe
that a resident's physical or mental health or welfare has been or may be
further adversely affected by abuse or neglect and knowingly fails to
report in accordance with Section 252.122.
Sec. 252.131. BAD FAITH, MALICIOUS, OR RECKLESS REPORTING; CRIMINAL
PENALTY. Provides that a person commits a Class A misdemeanor if the
person reports under this subchapter in bad faith, maliciously, or
recklessly. Provides that the criminal penalty provided by this section
is in addition to any civil penalties for which the person may be liable.
Sec. 252.132. SUIT FOR RETALIATION. Prohibits a facility from suspending
or terminating the employment of, or from disciplining or otherwise
discriminating against, an employee for reporting to the employee's
supervisor, an administrator of the facility, a state regulatory agency,
or a law enforcement agency the abuse or neglect of a resident. Provides
that a facility that violates this section is liable to the person against
whom the facility discriminated. Authorizes a person against whom a
facility discriminates in violation of this section to sue for injunctive
relief, damages, or both. Sets forth the damages a plaintiff who prevails
in a suit is authorized to recover. Provides that a person whose
employment is suspended or terminated is entitled to reinstatement in the
person's former position. Requires the petitioner to bring suit or notify
the Texas Workforce Commission (commission) of the petitioner's intent to
sue by a certain date. Requires a petitioner who notifies the commission
to bring suit by a certain date after delivery of the notice to the
commission. Requires the commission, upon receipt of notice, to notify
the facility of the petitioner's intent to bring suit under this section.
Provides that the petitioner has the burden of proof, except that there is
a rebuttable presumption that the person's employment was suspended or
terminated for reporting abuse or neglect if the person is suspended or
terminated within 60 days after the date on which the person reported in
good faith. Sets forth the venue options for a suit in district court
under this section. Requires each facility to require each employee of
the facility to sign a statement that the employee understands the
employee's rights under this section. Requires the statement to be part
of the statement required under Section 252.122(b). Requires the
petitioner to bring suit by the second anniversary of the date on which
the person's employment is suspended or terminated if a facility does not
require an employee to read and sign the statement.
Sec. 252.133. SUIT FOR RETALIATION AGAINST RESIDENT. Prohibits a
facility from retaliating or discriminating against a resident if the
resident, the resident's guardian, or any other person reports abuse or
neglect in accordance with this subchapter. Provides that a resident
against whom a facility retaliates or discriminates is entitled to sue for
certain relief, damages, court costs, and attorney's fees. Requires a
resident who seeks relief under this section to report the alleged
violation by the 180th day after the date on which the alleged violation
of this section occurred or was discovered by the resident through
reasonable diligence. Authorizes a suit to be brought in the district
court of the county in which the facility is located or in a district
court of Travis County.
Sec. 252.134. REPORTS RELATING TO RESIDENT DEATHS; STATISTICAL
INFORMATION. Requires a facility licensed under this chapter to submit a
report to the department concerning the death of a resident of the
facility and a former resident that occurs 24 hours or less after the
former resident is transferred from the facility to the hospital. Requires
the report to be submitted by the 10th working day after the last day of
each month in which a resident of the facility dies. Requires the
facility to make the report on a form prescribed by the department.
Requires the report to contain the name and social security number of the
deceased. Requires the department to correlate reports under this section
with death certificate information to develop data relating to certain
information. Provides that unless specified by board rule, a record under
this section is confidential and not subject to the provisions of Chapter
552, Government Code. Requires the department to develop statistical
information on official causes of death to determine patterns and trends
of incidents of death among persons with mental retardation and related
conditions and in specific facilities. Provides that the statistical
information developed under this subsection is not confidential. Requires
a licensed facility to make available on the request of an applicant or an
applicant's representative historical statistics on all required
information.
SUBCHAPTER F. MEDICAL CARE
Sec. 252.151. ADMINISTRATION OF MEDICATION. Requires the department to
adopt rules relating to the administration of medication in intermediate
care facilities.
Sec. 252.152. APPLICATION OF OTHER LAW. Provides that except as provided
by Subsection (c), Chapter 242F applies to a facility. Defines "resident"
and "institution." Provides that Section 242.160 does not apply to a
facility.
SUBCHAPTER G. RESPITE CARE
Sec. 252.181. DEFINITIONS. Defines "plan of care" and "respite care."
Sec. 252.182. RESPITE CARE. Authorizes a facility licensed under this
chapter to provide respite care for an individual who has a diagnosis of
mental retardation or a related condition without regard to whether the
individual is eligible to receive intermediate care services under federal
law. Authorizes the board to adopt rules for the regulation of respite
care provided by a facility licensed under this chapter.
Sec. 252.183. PLAN OF CARE. Requires the facility and the person
arranging the care to agree on the plan of care and requires the plan to
be filed at the facility before the facility admits the person for the
care. Sets forth who must sign the plan of care. Authorizes the facility
to keep an agreed plan of care for a person for no longer than six months
from the date on which it is received. Requires the facility to review
and update the plan of care after each admission. Authorizes a facility
to admit the person as frequently as is needed and as accommodations are
available during that period.
Sec. 252.184. NOTIFICATION. Requires a facility that offers respite care
to notify the department in writing that it offers respite care.
Sec. 252.185. INSPECTIONS. Requires the department to inspect, as
specified, a facility's records of respite care services, physical
accommodations available for respite care, and the plan of care records to
ensure that the respite care services comply with the licensing standards
of this chapter and with any rules the board may adopt to regulate respite
care services.
Sec. 252.186. SUSPENSION. Authorizes the department to require a
facility to cease providing respite care if the department determines that
the respite care does not meet the standards required by this chapter and
that the facility cannot comply with those standards in the respite care
it provides. Authorizes the department to suspend the license of a
facility that continues to provide respite care after receiving a written
order from the department to cease.
SECTION 2. Amends Section 242.002(6), Health and Safety Code, to redefine
"institution" and make conforming changes.
SECTION 3. Amends Section 242.003, Health and Safety Code, by adding
language to provide that except as otherwise provided, this chapter does
not apply to, among others, a facility licensed under Chapter 251 or
exempt from licensure under Section 251.003. Deletes a provision
providing that an institution described by Section 242.002(6)(c) is
subject to licensing under this chapter under certain conditions.
SECTION 4. Establishes the effective date of this Act to be September 1,
1997, except for the changes made by SECTION 2 (Sec. 242.002(6), Health
and Safety Code) which are to take effect January 1, 1998.
SECTION 5. Provides that notwithstanding Sections 252.031 and 252.063,
Health and Safety Code, as added by this Act, a facility is not required
to be licensed under Chapter 252, Health and Safety Code, as added by
this Act, before January 1, 1998; and a facility that is required to be
licensed under that chapter and that is, on the effective date of this
Act, licensed under Chapter 242, Health and Safety Code, may continue to
operate under the license issued under Chapter 242 until the later of
December 31, 1997, or the date on which the license is subject to renewal.
Prohibits a license issued under Chapter 242, Health and Safety Code, to
an institution that is required to be licensed as a facility under Chapter
252, as specified from being renewed after December 1, 1997. Provides
that a facility licensed under Chapter 252, Health and Safety Code, as
added by this Act, is not subject to Chapter 48, Human Resources Code.
SECTION 6. Emergency clause.