By:  Moncrief, Madla                                  S.B. No. 1234

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to licensure of certain publicly funded providers of home

 1-2     and community support services; providing administrative penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 142.006, Health and Safety Code, is

 1-5     amended by amending Subsections (d) and (e) and adding Subsections

 1-6     (f) and (g) to read as follows:

 1-7           (d)  The department shall [may] find that a home and

 1-8     community support services agency that provides only long-term care

 1-9     Medicaid waiver services that are publicly funded has satisfied the

1-10     requirements for licensing under this chapter if the agency is

1-11     certified and monitored by a state agency that has developed

1-12     standards which ensure the health and safety of service recipients.

1-13     The department will review the certification standards for home and

1-14     community support services agencies licensed under this section

1-15     [certification standards that meet or exceed the requirements for

1-16     licensing under this chapter.  A license fee is required at the

1-17     time of a license application].

1-18           (e)  The department shall find that a home and community

1-19     support services agency that provides home health, hospice, or

1-20     personal assistance services only to persons enrolled in a program

1-21     that is funded in whole or in part by the Texas Department of

1-22     Mental Health and Mental Retardation and is monitored by the Texas

1-23     Department of Mental Health and Mental Retardation or its

1-24     designated local authority in accordance with standards set by the

 2-1     Texas Department of Mental Health and Mental Retardation has

 2-2     satisfied the requirements for licensing.

 2-3           (f)  When applying for a license under Subsection (d) or (e)

 2-4     and annually before the license is renewed, a person must provide

 2-5     the department with documentation issued by the agency that

 2-6     certifies and monitors the home and community support services

 2-7     agency that demonstrates that the person complies with applicable

 2-8     standards.  A license fee is required at the time of application.

 2-9           (g)  The license must designate the types of services that

2-10     the home and community support services agency is authorized to

2-11     provide at or from the designated place of business.

2-12           SECTION 2.  Section 142.009, Health and Safety Code, is

2-13     amended by amending Subsections (i), (j), and (k) and adding

2-14     Subsection (l) to read as follows:

2-15           (i)  A home and community support services agency licensed

2-16     under Section 142.006(d) or (e) is not subject to surveys conducted

2-17     by licensing personnel of the department to meet the requirements

2-18     of this chapter.

2-19           (j)  Except as provided by Subsections (h), (i), and (l)

2-20     [(k)], an on-site survey must be conducted within 18 months after a

2-21     survey for an initial license.  After that time, an on-site survey

2-22     must be conducted at least every 36 months.

2-23           (k) [(j)]  If a person is renewing or applying for a license

2-24     to provide more than one type of service under this chapter, the

2-25     surveys required for each of the services the license holder or

2-26     applicant seeks to provide shall be completed during the same

2-27     surveyor visit.

 3-1           (l) [(k)]  The department and other state agencies that are

 3-2     under the Health and Human Services Commission and that contract

 3-3     with home and community support services agencies to deliver

 3-4     services for which a license is required under this chapter shall

 3-5     execute a memorandum of understanding that establishes procedures

 3-6     to eliminate or reduce duplication of standards or conflicts

 3-7     between standards and of functions in license, certification, or

 3-8     compliance surveys and complaint investigations.  The Health and

 3-9     Human Services Commission shall review the recommendation of the

3-10     council relating to the memorandum of understanding before

3-11     considering approval.  The memorandum of understanding must be

3-12     approved by the commission.

3-13           SECTION 3.  Subchapter A, Chapter 142, Health and Safety

3-14     Code, is amended by adding Section 142.017 to read as follows:

3-15           Sec. 142.017.  ADMINISTRATIVE PENALTY.  (a)  The department

3-16     may assess an administrative penalty against a person who violates

3-17     this chapter or a rule adopted under this chapter except for home

3-18     and community support services agencies licensed under Sections

3-19     142.006(d) and (e) that are certified and monitored by a state

3-20     agency.

3-21           (b)  The agencies listed in Sections 142.006(d) and (e) are

3-22     subject to sanctions or penalties by the state agency that

3-23     certifies and monitors the services, and each such agency shall

3-24     inform the department within five working days of any sanction or

3-25     adverse action taken against a home and community support services

3-26     agency licensed under Section 142.006(d) or (e).  The department

3-27     may take enforcement action under this chapter, except for the

 4-1     assessment of administrative penalties, against a home and

 4-2     community support services agency licensed under Section 142.006(d)

 4-3     or (e).

 4-4           SECTION 4.  This Act takes effect September 1, 1997.

 4-5           SECTION 5.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.

4-10                          COMMITTEE AMENDMENT NO. 1

4-11           Amend S.B. No. 1234 as follows:

4-12           (1)  In Section 142.006(d), Health and Safety Code, as

4-13     amended by SECTION 1 of the bill (page 1, lines 12-14, Senate

4-14     engrossed version), strike ". The department will review the

4-15     certification standards for home and community support services

4-16     agencies licensed under this section".

4-17           (2)  In Section 142.006(f), Health and Safety Code, as added

4-18     by SECTION 1 of the bill, before the first sentence of the

4-19     subsection (beginning on page 2, line 4, Senate engrossed version),

4-20     insert "The department shall adopt the applicable standards of the

4-21     agency that certifies and monitors the home and community support

4-22     services agency for use in issuing a license under Subsection (d)

4-23     or (e)."

4-24     75R14237 DLF-F                                             Berlanga