By Chavez H.B. No. 3121
75R3376 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and inspection of certain hospitals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 222.024, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 222.024. CERTIFICATION OR ACCREDITATION INSTEAD OF
1-7 INSPECTION. (a) Except as provided by Subsection (c), a [A]
1-8 hospital licensed by the Texas Department of Health [or the Texas
1-9 Department of Mental Health and Mental Retardation] is not subject
1-10 to additional annual licensing inspections before the department
1-11 [agency] issues the hospital a license [under Chapter 241 (Texas
1-12 Hospital Licensing Law) or by the licensing agency] while the
1-13 hospital maintains:
1-14 (1) certification under Title XVIII of the Social
1-15 Security Act (42 U.S.C. Section 1395 et seq.); or
1-16 (2) accreditation from the Joint Commission on
1-17 Accreditation of Healthcare Organizations, the American Osteopathic
1-18 Association, or other national accreditation organization for the
1-19 offered services.
1-20 (b) [If the Texas Department of Mental Health and Mental
1-21 Retardation licenses a hospital exempt from a licensing inspection
1-22 under Subsection (a), that agency shall issue a renewal license to
1-23 the hospital if the hospital annually remits any applicable fees
1-24 and submits a copy of the most recent inspection results report
2-1 from the certification or accreditation body.]
2-2 [(c)] If the department [Texas Department of Health]
2-3 licenses a hospital exempt from an annual [a] licensing inspection
2-4 under Subsection (a), the department [that agency] shall issue a
2-5 renewal license to the hospital if the hospital annually:
2-6 (1) submits a complete application required by the
2-7 department;
2-8 (2) remits any applicable fees;
2-9 (3) submits a copy of documentation from the
2-10 certification or accreditation body showing that the hospital is
2-11 certified or accredited; and
2-12 (4) submits a copy of the most recent fire safety
2-13 inspection report from the fire marshal in whose jurisdiction the
2-14 hospital is located.
2-15 (c) The department may conduct an inspection of a hospital
2-16 exempt from an annual licensing inspection under Subsection (a)
2-17 before issuing a renewal license to the hospital if the
2-18 certification or accreditation body has not conducted an on-site
2-19 inspection of the hospital in the preceding three years.
2-20 SECTION 2. This Act takes effect September 1, 1997.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 COMMITTEE AMENDMENT NO. 1
2-27 Amend SECTION 1 of H.B. No. 3121 by striking Subsection (c),
3-1 Section 222.024, Health and Safety Code, and substitute "(c) The
3-2 department may conduct an inspection of a hospital exempt from an
3-3 annual licensing inspection under Subsection (a) before issuing a
3-4 renewal license to the hospital if the certification or
3-5 accreditation body has not conducted an on-site inspection of the
3-6 hospital in the preceding three years and the department determines
3-7 that an inspection of the hospital by the certification or
3-8 accreditation body is not scheduled within 60 days."
3-9 Berlanga