SRC-JXG S.B. 703 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 703
76R7723 MCK-DBy: Madla
Health Services
4/19/1999
As Filed


DIGEST 

Currently, the Texas Department of Human Services (DHS) surveys nursing
homes annually and upon notification of a complaint against a facility.
There are circumstances in which DHS inspectors perform a survey and
determine that there are no additional violations against the facility.
These violations are not discussed with the facility management, only added
to the list of violations against the facility. S.B. 703 requires DHS to
perform an additional exit interview with a facility, if DHS finds
additional violations against the facility following the initial exit
interview; to hand-deliver a license suspension or closure notice; and to
allow nursing homes to develop internal policies and procedures for
incidents of abuse and neglect in that facility.  

PURPOSE

As proposed, S.B. 703 sets forth provisions for the Texas Department of
Human Services regarding nursing homes. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 242.002(6), Health and Safety Code, redesignated
as Section 242.002(10), Health and Safety Code, to define "institution." 

SECTION 2. Amends Chapter 242B, Health and Safety Code, by adding Section
242.0445, as follows: 

Sec. 242.0445. REPORTING OF VIOLATIONS. Requires the Texas Department of
Human Services (DHS) or DHS's representative conducting an inspection,
survey, or investigation under Section 242.043 or 242.044 to list each
violation of a law or rule on a form designed by DHS for inspections, and
identify the specific law or rule the facility violated. Requires DHS or
DHS's representative conducting the inspection, survey, or investigation to
discuss the violations with the facility's management in an exit
conference, at the conclusion of an inspection, survey, or investigation
under Section 242.043 or 242.044. Requires DHS or DHS's representative to
leave a written list of the violations with the facility at the time of the
exit conference. Requires DHS or DHS's representative to give the facility
an additional exit conference regarding the additional violations, if DHS
or DHS's representative discovers any additional violations during the
review of field notes or preparation of the official final list. Requires
the facility to submit a plan to correct the violations to the regional
director no later than the 10th working day after the date the facility
receives the final statement of violations.  

SECTION 3. Amends Section 242.062(c), Health and Safety Code, to provide
that an order suspending a license or closing a part of an institution
under this section is immediately effective on the date on which the
license holder receives written, hand-delivered notice or a later date
specified in the order. 

SECTION 4. Amends Section 242.122(b), Health and Safety Code, to require
each institution to  require each employee of the institution, to sign a
statement that the employee realizes that the employee may be criminally
liable for failure to report those abuses and that the employee must follow
the facility's internal policies regarding abuse, neglect, or exploitation. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.