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