1-1 By: Moncrief, Madla S.B. No. 1234
1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 10, 1997, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; April 10, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to licensure of certain publicly funded providers of home
1-9 and community support services; providing administrative penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 142.006, Health and Safety Code, is
1-12 amended by amending Subsections (d) and (e) and adding Subsections
1-13 (f) and (g) to read as follows:
1-14 (d) The department shall [may] find that a home and
1-15 community support services agency that provides only long-term care
1-16 Medicaid waiver services that are publicly funded has satisfied the
1-17 requirements for licensing under this chapter if the agency is
1-18 certified and monitored by a state agency that has developed
1-19 standards which ensure the health and safety of service recipients.
1-20 The department will review the certification standards for home and
1-21 community support services agencies licensed under this section
1-22 [certification standards that meet or exceed the requirements for
1-23 licensing under this chapter. A license fee is required at the
1-24 time of a license application].
1-25 (e) The department shall find that a home and community
1-26 support services agency that provides home health, hospice, or
1-27 personal assistance services only to persons enrolled in a program
1-28 that is funded in whole or in part by the Texas Department of
1-29 Mental Health and Mental Retardation and is monitored by the Texas
1-30 Department of Mental Health and Mental Retardation or its
1-31 designated local authority in accordance with standards set by the
1-32 Texas Department of Mental Health and Mental Retardation has
1-33 satisfied the requirements for licensing.
1-34 (f) When applying for a license under Subsection (d) or (e)
1-35 and annually before the license is renewed, a person must provide
1-36 the department with documentation issued by the agency that
1-37 certifies and monitors the home and community support services
1-38 agency that demonstrates that the person complies with applicable
1-39 standards. A license fee is required at the time of application.
1-40 (g) The license must designate the types of services that
1-41 the home and community support services agency is authorized to
1-42 provide at or from the designated place of business.
1-43 SECTION 2. Section 142.009, Health and Safety Code, is
1-44 amended by amending Subsections (i), (j), and (k) and adding
1-45 Subsection (l) to read as follows:
1-46 (i) A home and community support services agency licensed
1-47 under Section 142.006(d) or (e) is not subject to surveys conducted
1-48 by licensing personnel of the department to meet the requirements
1-49 of this chapter.
1-50 (j) Except as provided by Subsections (h), (i), and (l)
1-51 [(k)], an on-site survey must be conducted within 18 months after a
1-52 survey for an initial license. After that time, an on-site survey
1-53 must be conducted at least every 36 months.
1-54 (k) [(j)] If a person is renewing or applying for a license
1-55 to provide more than one type of service under this chapter, the
1-56 surveys required for each of the services the license holder or
1-57 applicant seeks to provide shall be completed during the same
1-58 surveyor visit.
1-59 (l) [(k)] The department and other state agencies that are
1-60 under the Health and Human Services Commission and that contract
1-61 with home and community support services agencies to deliver
1-62 services for which a license is required under this chapter shall
1-63 execute a memorandum of understanding that establishes procedures
1-64 to eliminate or reduce duplication of standards or conflicts
2-1 between standards and of functions in license, certification, or
2-2 compliance surveys and complaint investigations. The Health and
2-3 Human Services Commission shall review the recommendation of the
2-4 council relating to the memorandum of understanding before
2-5 considering approval. The memorandum of understanding must be
2-6 approved by the commission.
2-7 SECTION 3. Subchapter A, Chapter 142, Health and Safety
2-8 Code, is amended by adding Section 142.017 to read as follows:
2-9 Sec. 142.017. ADMINISTRATIVE PENALTY. (a) The department
2-10 may assess an administrative penalty against a person who violates
2-11 this chapter or a rule adopted under this chapter except for home
2-12 and community support services agencies licensed under Sections
2-13 142.006(d) and (e) that are certified and monitored by a state
2-14 agency.
2-15 (b) The agencies listed in Sections 142.006(d) and (e) are
2-16 subject to sanctions or penalties by the state agency that
2-17 certifies and monitors the services, and each such agency shall
2-18 inform the department within five working days of any sanction or
2-19 adverse action taken against a home and community support services
2-20 agency licensed under Section 142.006(d) or (e). The department
2-21 may take enforcement action under this chapter, except for the
2-22 assessment of administrative penalties, against a home and
2-23 community support services agency licensed under Section 142.006(d)
2-24 or (e).
2-25 SECTION 4. This Act takes effect September 1, 1997.
2-26 SECTION 5. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended.
2-31 * * * * *