By Zaffirini S.R. No. 949
75R17328 KKA-D
R E S O L U T I O N
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. 30 to consider and take action on the following matters:
1-6 (1) Senate Rule 12.03(3) is suspended to permit the
1-7 committee to add "or an ICF-MR facility" to the last sentence of
1-8 added Section 32.039(u), Human Resources Code, so that the last
1-9 sentence reads as follows:
1-10 This subsection does not apply to a person who operates a nursing
1-11 facility or an ICF-MR facility.
1-12 Explanation: This change is necessary to provide an
1-13 exemption from a mandatory punitive provision for ICF-MR facilities
1-14 similar to the exemption provided for nursing facilities.
1-15 (2) Senate Rule 12.03(3) is suspended to permit the
1-16 committee to add "or an ICF-MR facility" to the last sentence of
1-17 added Section 32.039(v), Human Resources Code, so that the last
1-18 sentence reads as follows:
1-19 This subsection does not apply to a person who operates a nursing
1-20 facility or an ICF-MR facility.
1-21 Explanation: This change is necessary to provide an
1-22 exemption from a mandatory punitive provision for ICF-MR facilities
1-23 similar to the exemption provided for nursing facilities.
1-24 (3) Senate Rule 12.03(3) is suspended to permit the
2-1 committee to add "or an ICF-MR facility" in amended Section
2-2 36.005(a)(1), Human Resources Code, so that Subdivision (1) reads
2-3 as follows:
2-4 (1) shall suspend or revoke:
2-5 (A) a provider agreement between the department
2-6 or agency and a person, other than a person who operates a nursing
2-7 facility or an ICF-MR facility, found liable under Section 36.052;
2-8 and
2-9 (B) a permit, license, or certification granted
2-10 by the department or agency to a person, other than a person who
2-11 operates a nursing facility or an ICF-MR facility, found liable
2-12 under Section 36.052; and
2-13 Explanation: This change is necessary to provide an
2-14 exemption from a mandatory punitive provision for ICF-MR facilities
2-15 similar to the exemption provided for nursing facilities.
2-16 (4) Senate Rule 12.03(3) is suspended to permit the
2-17 committee to add "or an ICF-MR facility and who is" in amended
2-18 Section 36.005(a)(2), Human Resources Code, so that Subdivision (2)
2-19 reads as follows:
2-20 (2) may suspend or revoke:
2-21 (A) [(1)] a provider agreement between the
2-22 department or agency and a person who operates a nursing facility
2-23 or an ICF-MR facility and who is found liable under Section 36.052
2-24 [36.004]; or
2-25 (B) [(2)] a permit, license, or certification
2-26 granted by the department or agency to a person who operates a
2-27 nursing facility or an ICF-MR facility and who is found liable
3-1 under Section 36.052 [36.004].
3-2 Explanation: This change is necessary to conform with the
3-3 change explained in Item (3) of this resolution.
3-4 (5) Senate Rule 12.03(3) is suspended to permit the
3-5 committee to add "or an ICF-MR facility" to the last sentence of
3-6 amended Section 36.005(b), Human Resources Code, so that the last
3-7 sentence reads:
3-8 This subsection does not apply to a person who operates a nursing
3-9 facility or an ICF-MR facility.
3-10 Explanation: This change is necessary to provide an exemption
3-11 from a mandatory punitive provision for ICF-MR facilities similar
3-12 to the exemption provided for nursing facilities.