AN ACT
1-1 relating to the issuance and renewal of certain initial
1-2 probationary licenses granted for a nursing or convalescent home or
1-3 related institution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 242.033, Health and Safety Code, is
1-6 amended by amending Subsection (d) and adding Subsection (f) to
1-7 read as follows:
1-8 (d) Except as provided by Subsection (f), a [A] license is
1-9 renewable every two years after:
1-10 (1) an inspection, unless an inspection is not
1-11 required as provided by Section 242.047;
1-12 (2) payment of the license fee; and
1-13 (3) department approval of the report filed every two
1-14 years by the licensee.
1-15 (f) The initial license issued to a license holder who has
1-16 not previously held a license under this subchapter is a
1-17 probationary license. A probationary license is valid for only one
1-18 year. At the end of the one-year period, a license under
1-19 Subsection (a) shall be issued but only after:
1-20 (1) the department finds that the license holder and
1-21 any other person described by Section 242.032(d) continue to meet
1-22 the requirements established under each provision of this chapter
1-23 and any rule or standard adopted under this chapter;
1-24 (2) an inspection, unless an inspection is not
2-1 required as provided by Section 242.047;
2-2 (3) payment of the license fee; and
2-3 (4) department approval of the report required for
2-4 license renewal that complies with rules adopted under Subsection
2-5 (e).
2-6 SECTION 2. Section 242.034, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Sec. 242.034. LICENSE FEES. (a) The board may establish by
2-9 rule license fees for institutions licensed by the department under
2-10 this chapter. The license fee may not exceed $250 plus:
2-11 (1) $10 for each unit of capacity or bed space for
2-12 which a license is sought; and
2-13 (2) a background examination fee imposed under
2-14 Subsection (d) [(c)].
2-15 (b) The license fee for a probationary license issued under
2-16 Section 242.033(f) may not exceed $125 plus:
2-17 (1) $5 for each unit of capacity or bed space for
2-18 which the license is sought; and
2-19 (2) a background examination fee imposed under
2-20 Subsection (d).
2-21 (c) An additional license fee may be charged as provided by
2-22 Section 242.097.
2-23 (d) [(c)] The board may establish a background examination
2-24 fee in an amount necessary to defray the department's expenses in
2-25 administering its duties under Sections 242.032(d) and (e).
2-26 (e) [(d)] The applicable license fee must be paid with each
3-1 application for a probationary license, an initial license, a
3-2 renewal license, or a change of ownership license.
3-3 (f) [(e)] The state is not required to pay the license fee.
3-4 (g) [(f)] An approved increase in bed space is subject to an
3-5 additional fee.
3-6 (h) [(g)] The license fees established under this chapter
3-7 are an allowable cost for reimbursement under the medical
3-8 assistance program administered by the Texas Department of Human
3-9 Services under Chapter 32, Human Resources Code. Any fee increases
3-10 shall be reflected in reimbursement rates prospectively.
3-11 SECTION 3. This Act takes effect September 1, 1999. The
3-12 change in law made by this Act applies only to the issuance, term,
3-13 and renewal of an initial probationary license described by
3-14 Subsection (f), Section 242.033, Health and Safety Code, as added
3-15 by this Act, that is first issued on or after that date. The
3-16 issuance, term, and renewal of an initial license described by
3-17 Subsection (f), Section 242.033, Health and Safety Code, as added
3-18 by this Act, that is first issued before that date is governed by
3-19 the law in effect immediately before the effective date of this
3-20 Act, and that law is continued in effect for that purpose.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 19 passed the Senate on
February 23, 1999, by a viva-voce vote; and that the Senate
concurred in House amendment on May 21, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 19 passed the House, with
amendment, on May 19, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor