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