LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 23, 1997
TO: Honorable Judith Zaffirini, Chair IN RE: Senate Bill No. 190, Committee Report 1st House, Substituted
Committee on Health & Human Services By: Zaffirini/et al.
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB190 ( Relating
to the regulation of nursing homes and similar facilities; providing
penalties.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB190-Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.
The bill would amend Chapter 242 of the Health
and Safety Code and Chapter 32 of the Human Resources Code to
implement a number of changes relating to the regulation of
convalescent and nursing homes in Texas.
The bill would authorize
the Board of Human Services to establish a background examination
fee to defray the department's expenses in considering the background
and qualifications of a wide range of individuals associated
with license applications. It is assumed that the board would
establish a background examination fee equaling the department's
expenses, but no data is currently available to calculate these
expenses.
The bill would require the department to establish
an informal dispute resolution process in the department's central
office to address provider concerns about monetary penalties
assessed for violations of federal Medicaid standards. It would
also restrict the ability of other state agencies to assess
or collect investigation and attorney fees, and increase administrative
and civil penalties.
The bill would require the Legislative
Budget Board and the State Auditor to jointly prescribe the
form and content of annual performance reports that the Office
of the Attorney General and the Department of Human Services
must prepare. It would also establish a long-term care legislative
oversight committee, staffed by existing resources of the Senate
and the House, to monitor the effectiveness and efficiency of
the nursing facility regulatory system.
The bill would specify
that fees and penalties collected by or on behalf of the department
which are deposited to the credit of the General Revenue fund
may be appropriated only to the department to administer and
enforce the state licensing law.
The effective date for
the bill is September 1, 1997, and the Board of Human Services
must adopt rules to implement the changes in law on or before
January 1, 1998.
No fiscal implication to units of local government is anticipated.
Source: Agencies: 324 Department of Human Services
LBB Staff: JK ,BB ,NM