1-1 By: Zaffirini, Nelson S.B. No. 19
1-2 (In the Senate - Filed November 9, 1998; January 26, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 February 1, 1999, rereferred to Committee on Human Services;
1-5 February 15, 1999, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 3, Nays 0;
1-7 February 15, 1999, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 19 By: Zaffirini
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the issuance and renewal of certain initial
1-12 probationary licenses granted for a nursing or convalescent home or
1-13 related institution.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 242.033, Health and Safety Code, is
1-16 amended by amending Subsection (d) and adding Subsection (f) to
1-17 read as follows:
1-18 (d) Except as provided by Subsection (f), a [A] license is
1-19 renewable every two years after:
1-20 (1) an inspection, unless an inspection is not
1-21 required as provided by Section 242.047;
1-22 (2) payment of the license fee; and
1-23 (3) department approval of the report filed every two
1-24 years by the licensee.
1-25 (f) The initial license issued to a license holder who has
1-26 not previously held a license under this subchapter is a
1-27 probationary license. A probationary license is valid for only one
1-28 year. At the end of the one-year period, a license under
1-29 Subsection (a) may be issued only after:
1-30 (1) the department finds that the license holder and
1-31 any other person described by Section 242.032(d) continue to meet
1-32 the requirements established under each provision of this chapter
1-33 and any rule or standard adopted under this chapter;
1-34 (2) an inspection, unless an inspection is not
1-35 required as provided by Section 242.047;
1-36 (3) payment of the license fee; and
1-37 (4) department approval of the report required for
1-38 license renewal that complies with rules adopted under Subsection
1-39 (e).
1-40 SECTION 2. Section 242.034, Health and Safety Code, is
1-41 amended to read as follows:
1-42 Sec. 242.034. LICENSE FEES. (a) The board may establish by
1-43 rule license fees for institutions licensed by the department under
1-44 this chapter. The license fee may not exceed $250 plus:
1-45 (1) $10 for each unit of capacity or bed space for
1-46 which a license is sought; and
1-47 (2) a background examination fee imposed under
1-48 Subsection (d) [(c)].
1-49 (b) The license fee for a probationary license issued under
1-50 Section 242.033(f) may not exceed $125 plus:
1-51 (1) $5 for each unit of capacity or bed space for
1-52 which the license is sought; and
1-53 (2) a background examination fee imposed under
1-54 Subsection (d).
1-55 (c) An additional license fee may be charged as provided by
1-56 Section 242.097.
1-57 (d) [(c)] The board may establish a background examination
1-58 fee in an amount necessary to defray the department's expenses in
1-59 administering its duties under Sections 242.032(d) and (e).
1-60 (e) [(d)] The applicable license fee must be paid with each
1-61 application for a probationary license, an initial license, a
1-62 renewal license, or a change of ownership license.
1-63 (f) [(e)] The state is not required to pay the license fee.
1-64 (g) [(f)] An approved increase in bed space is subject to an
2-1 additional fee.
2-2 (h) [(g)] The license fees established under this chapter
2-3 are an allowable cost for reimbursement under the medical
2-4 assistance program administered by the Texas Department of Human
2-5 Services under Chapter 32, Human Resources Code. Any fee increases
2-6 shall be reflected in reimbursement rates prospectively.
2-7 SECTION 3. This Act takes effect September 1, 1999. The
2-8 change in law made by this Act applies only to the issuance, term,
2-9 and renewal of an initial probationary license described by
2-10 Subsection (f), Section 242.033, Health and Safety Code, as added
2-11 by this Act, that is first issued on or after that date. The
2-12 issuance, term, and renewal of an initial license described by
2-13 Subsection (f), Section 242.033, Health and Safety Code, as added
2-14 by this Act, that is first issued before that date is governed by
2-15 the law in effect immediately before the effective date of this
2-16 Act, and that law is continued in effect for that purpose.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
2-22 * * * * *