By: Zaffirini S.R. No. 842 SENATE RESOLUTION 1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th 1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be 1-3 suspended in part as provided by Senate Rule 12.08 to enable the 1-4 conference committee appointed to resolve the differences on Senate 1-5 Bill No. 190 to consider and take action on the following specific 1-6 matters: 1-7 1. Senate Rule 12.03(1) is suspended to permit the 1-8 committee to change the amount of the penalty imposed under 1-9 Subsection (c), Section 242.0665, 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. 2-1 2. Senate Rule 12.03(2) is suspended to permit the committee 2-2 to omit text from Subsection (d), Section 242.603, Health and 2-3 Safety Code, in Section 1.30 of the bill, so that the subsection 2-4 reads as follows: 2-5 (d) An institution shall release the medications of a 2-6 resident who is transferred directly to another institution or who 2-7 is discharged to home to the new institution or to the resident or 2-8 resident's next of kin or guardian, as appropriate. The 2-9 institution may release a medication to a resident only on the 2-10 written or verbal authorization of the attending physician. 2-11 Explanation: This change corrects a grammatical error by 2-12 omitting an unnecessary "or." 2-13 3. Senate Rules 12.03(1) and (3) are suspended to permit the 2-14 committee to change the text of Subsection (m), Section 32.021, 2-15 Human Resources Code, in Section 2.01 of the bill, so that the 2-16 subsection reads as follows: 2-17 (m) Notwithstanding any provision of law to the contrary, 2-18 the department shall terminate a nursing facility's provider 2-19 agreement if the department has imposed required Category 2 or 2-20 Category 3 remedies on the facility three times within a 24-month 2-21 period unless the department makes an affirmative finding that good 2-22 cause exists to waive this requirement to facilitate a change in 2-23 ownership to protect residents of a facility. In this subsection, 2-24 "Category 2 remedies" and "Category 3 remedies" have the meanings 2-25 assigned by 42 C.F.R. Section 488.408. 3-1 Explanation: This change is necessary to provide appropriate 3-2 references to the federal regulations to which the subsection 3-3 refers. 3-4 ______________________________________ 3-5 President of the Senate 3-6 I hereby certify that the above 3-7 Resolution was adopted by the Senate 3-8 on May 24, 1997, by the following 3-9 vote: Yeas 30, Nays 0. 3-10 ______________________________________ 3-11 Secretary of the Senate 3-12 ______________________________________ 3-13 Member, Texas Senate