By Van de Putte H.B. No. 971
76R3334 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of nursing homes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 242.002(6), Health and Safety Code, as
1-5 amended by Chapter 693, Acts of the 75th Legislature, Regular
1-6 Session, 1997, and renumbered by Chapter 1159, Acts of the 75th
1-7 Legislature, Regular Session, 1997, is designated as Section
1-8 242.002(10) and reenacted to read as follows:
1-9 (10) "Institution" means an establishment that:
1-10 (A) furnishes, in one or more facilities, food
1-11 and shelter to four or more persons who are unrelated to the
1-12 proprietor of the establishment; and
1-13 (B) provides minor treatment under the direction
1-14 and supervision of a physician licensed by the Texas State Board of
1-15 Medical Examiners, or other services that meet some need beyond the
1-16 basic provision of food, shelter, and laundry.
1-17 SECTION 2. Subchapter B, Chapter 242, Health and Safety
1-18 Code, is amended by adding Section 242.0445 to read as follows:
1-19 Sec. 242.0445. REPORTING OF VIOLATIONS. (a) The department
1-20 or the department's representative conducting an inspection,
1-21 survey, or investigation under Section 242.043 or 242.044 shall:
1-22 (1) list each violation of a law or rule on a form
1-23 designed by the department for inspections; and
1-24 (2) identify the specific law or rule the facility
2-1 violated.
2-2 (b) At the conclusion of an inspection, survey, or
2-3 investigation under Section 242.043 or 242.044, the department or
2-4 the department's representative conducting the inspection, survey,
2-5 or investigation shall discuss the violations with the facility's
2-6 management in an exit conference. The department or the
2-7 department's representative shall leave a written list of the
2-8 violations with the facility at the time of the exit conference.
2-9 If the department or the department's representative discovers any
2-10 additional violations during the review of field notes or
2-11 preparation of the official final list, the department or the
2-12 department's representative shall give the facility an additional
2-13 exit conference regarding the additional violations.
2-14 (c) The facility shall submit a plan to correct the
2-15 violations to the regional director not later than the 10th day
2-16 after the date the facility receives the final statement of
2-17 violations.
2-18 SECTION 3. Section 242.062(c), Health and Safety Code, is
2-19 amended to read as follows:
2-20 (c) An order suspending a license or closing a part of an
2-21 institution under this section is immediately effective on the date
2-22 on which the license holder receives written, hand-delivered notice
2-23 or a later date specified in the order.
2-24 SECTION 4. Section 242.122(b), Health and Safety Code, is
2-25 amended to read as follows:
2-26 (b) Each institution shall require each employee of the
2-27 institution, as a condition of employment with the institution, to
3-1 sign a statement that the employee realizes that the employee may
3-2 be criminally liable for failure to report those abuses and that
3-3 the employee must follow the facility's internal policies regarding
3-4 abuse, neglect, or exploitation.
3-5 SECTION 5. This Act takes effect September 1, 1999.
3-6 SECTION 6. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.