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