R E S O L U T I O N 1-1 BE IT RESOLVED by the House of Representatives of the State 1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule 1-3 13, Section 9(a), be suspended in part as provided by House Rule 1-4 13, Section 9(f), to enable the conference committee appointed to 1-5 resolve the differences on Senate Bill No. 190 to consider and take 1-6 action on the following specific matters: 1-7 1. House Rule 13, Section 9(a)(1), is suspended to 1-8 permit the committee to change the amount of the penalty 1-9 imposed under Section 242.0665(c), Health and Safety Code, in 1-10 Section 1.17 of the bill, so that the subsection reads as follows: 1-11 (c) An institution that corrects a violation under 1-12 Subsection (a) must maintain the correction. If the institution 1-13 fails to maintain the correction until at least the first 1-14 anniversary of the date the correction was made, the department may 1-15 assess an administrative penalty under this subchapter for the 1-16 subsequent violation. A penalty assessed under this subsection 1-17 shall be equal to three times the amount of the penalty assessed 1-18 but not collected under Subsection (a). The department is not 1-19 required to provide the institution an opportunity to correct the 1-20 subsequent violation under this section. 1-21 Explanation: This change is necessary to provide an 1-22 appropriate penalty for a violation that occurs after an 1-23 institution has exercised its right to correct a violation. 1-24 2. House Rule 13, Section 9(a)(2), is suspended to permit 2-1 the committee to omit text from Section 242.603(d), Health and 2-2 Safety Code, in Section 1.30 of the bill, so that the subsection 2-3 reads as follows: 2-4 (d) An institution shall release the medications of a 2-5 resident who is transferred directly to another institution or who 2-6 is discharged to home to the new institution or to the resident or 2-7 resident's next of kin or guardian, as appropriate. The 2-8 institution may release a medication to a resident only on the 2-9 written or verbal authorization of the attending physician. 2-10 Explanation: This change corrects a grammatical error by 2-11 omitting an unnecessary "or." 2-12 3. House Rule 13, Sections 9(a)(1) and (3), are suspended to 2-13 permit the committee to change the text of Section 32.021(m), Human 2-14 Resources Code, in Section 2.01 of the bill, so that the subsection 2-15 reads as follows: 2-16 (m) Notwithstanding any provision of law to the contrary, 2-17 the department shall terminate a nursing facility's provider 2-18 agreement if the department has imposed required Category 2 or 2-19 Category 3 remedies on the facility three times within a 24-month 2-20 period unless the department makes an affirmative finding that good 2-21 cause exists to waive this requirement to facilitate a change in 2-22 ownership to protect residents of a facility. In this subsection, 2-23 "Category 2 remedies" and "Category 3 remedies" have the meanings 2-24 assigned by 42 C.F.R. Section 488.408. 2-25 Explanation: This change is necessary to provide appropriate 2-26 references to the federal regulations to which the subsection 2-27 refers. Naishtat _______________________________ Speaker of the House I certify that H.R. No. 1086 was adopted by the House on May 25, 1997, by a non-record vote. _______________________________ Chief Clerk of the House