Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         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.

 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 Subsection (d) and adding Subsection (e), (f),

 1-6     and (g) as follows:

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

 1-8     community support services agency, only providing long-term care

 1-9     medicaid waiver services that are publicly funded, has satisfied

1-10     the 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 Retardation or its designated local

 2-1     authority in accordance with standards set by the Texas Department

 2-2     of Mental Health or Mental Retardation has satisfied the

 2-3     requirements for licensing.

 2-4           (f)  When applying for a license under Subsection (d) or (e)

 2-5     and annually before the license is renewed, a person must provide

 2-6     the department with documentation issued by the agency that

 2-7     certifies and monitors the home and community support services

 2-8     agency that demonstrates that the person complies with applicable

 2-9     standards.  A license fee is required at the time of application.

2-10           (g)  The license must designate the types of services that

2-11     the home and community support services agency is authorized to

2-12     provide at or from the designated place of business.

2-13           SECTION 2.  Section 142.009, Health and Safety Code, is

2-14     amended by amending Subsections (i), (j), and (k) and adding

2-15     Subsection (l) to read as follows:

2-16           (i)  A home and community support services agency licensed

2-17     under Section 142.006 (d) or (e) is not subject to surveys

2-18     conducted by licensing personnel of the department to meet the

2-19     requirements of this chapter.

2-20           (j)  Except as provided by Subsections (h), (i), and (l)

2-21     [(k)], an on-site survey must be conducted within 18 months after a

2-22     survey for an initial license.  After that time, an on-site survey

2-23     must be conducted at least every 36 months.

2-24           (k) [(j)]  If a person is renewing or applying for a license

2-25     to provide more than one type of service under this chapter, the

 3-1     surveys required for each of the services the license holder or

 3-2     applicant seeks to provide shall be completed during the same

 3-3     surveyor visit.

 3-4           (l) [(k)]  The department and other state agencies that are

 3-5     under the Health and Human Services Commission and that contract

 3-6     with home and community support services agencies to deliver

 3-7     services for which a license is required under this chapter shall

 3-8     execute memorandum of understanding that establishes procedures to

 3-9     eliminate or reduce duplication of standards or conflicts between

3-10     standards and of functions in license, certification, or compliance

3-11     surveys and complaint investigations.  The Health and Human

3-12     Services Commission shall review the recommendation of the council

3-13     relating to the memorandum of understanding before considering

3-14     approval.  The memorandum of understanding must be approved by the

3-15     commission.

3-16           SECTION 3.  Subchapter A, Chapter 142, Health and Safety

3-17     Code, is amended by adding 142.017 to read as follows:

3-18           Sec. 142.017.  Administrative Penalty.  (a)  The department

3-19     may assess an administrative penalty against a person who violates

3-20     this chapter or rule adopted under this chapter except for home and

3-21     community support services agencies licensed under Section 142.006

3-22     (d) and (e) that are certified and monitored by a state agency.

3-23           (b)  The agencies listed in Sec. 142.006 (d) and (e) are

3-24     subject to sanctions or penalties by the state agency that

3-25     certifies and monitors the services and each such agency shall

 4-1     inform within five working days the department of any sanction or

 4-2     adverse action taken against a home and community support services

 4-3     licensed under Sec. 142.006 (d) or (e).  The department may take

 4-4     enforcement action under this chapter, except for the assessment of

 4-5     administrative penalties, against a home and community support

 4-6     services agency licensed under Section 142.006 (d) or (e) of this

 4-7     Chapter.

 4-8           SECTION 4.  This Act takes effect September, 1, 1997.

 4-9           SECTION 5.  The importance of this legislation and the

4-10     crowded condition of the calendars in both houses create an

4-11     emergency and an imperative public necessity that the

4-12     constitutional rule requiring bills to be read on three several

4-13     days in each house be suspended, and this rule is hereby suspended.