1-1 By: Zaffirini S.B. No. 369
1-2 (In the Senate - Filed March 3, 1999; March 4, 1999, read
1-3 first time and referred to Committee on Human Services;
1-4 April 26, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 26, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 369 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Texas Department
1-11 of Human Services.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 21.002, Human Resources Code, is amended
1-14 to read as follows:
1-15 Sec. 21.002. SUNSET PROVISION. The Texas Department of
1-16 Human Services is subject to Chapter 325, Government Code (Texas
1-17 Sunset Act). Unless continued in existence as provided by that
1-18 chapter, the department is abolished and this title, excluding any
1-19 chapter that relates to a state agency other than the department,
1-20 expires September 1, 2011 [1999, except that Chapter 40 expires as
1-21 provided by Section 40.003].
1-22 SECTION 2. Subsections (b) and (d), Section 21.003, Human
1-23 Resources Code, are amended to read as follows:
1-24 (b) The board is composed of six members appointed by the
1-25 governor with the advice and consent of the senate and representing
1-26 all geographic regions of the state. One member of the board must
1-27 be a licensed physician with expertise in geriatric care and
1-28 another member must be a health care professional who is licensed,
1-29 certified, or regulated by a health care regulatory agency. To
1-30 qualify for an appointment to the board, a person must have
1-31 demonstrated an interest in and knowledge of human services.
1-32 (d) The governor shall designate a member of the board as
1-33 the [After the biennial appointment of new members, the board shall
1-34 elect a] presiding officer of the board to serve in that capacity
1-35 at the will of the governor [who shall preside over meetings of the
1-36 board].
1-37 SECTION 3. Chapter 21, Human Resources Code, is amended by
1-38 adding Section 21.0033 to read as follows:
1-39 Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
1-40 person who is appointed to and qualifies for office as a member of
1-41 the board may not vote, deliberate, or be counted as a member in
1-42 attendance at a meeting of the board until the person completes a
1-43 training program that complies with this section.
1-44 (b) The training program must provide the person with
1-45 information regarding:
1-46 (1) the legislation that created the department and
1-47 the board;
1-48 (2) the programs operated by the department;
1-49 (3) the role and functions of the department;
1-50 (4) the rules of the department with an emphasis on
1-51 the rules that relate to disciplinary and investigatory authority;
1-52 (5) the current budget for the department;
1-53 (6) the results of the most recent formal audit of the
1-54 department;
1-55 (7) the requirements of:
1-56 (A) the open meetings law, Chapter 551,
1-57 Government Code;
1-58 (B) the public information law, Chapter 552,
1-59 Government Code;
1-60 (C) the administrative procedure law, Chapter
1-61 2001, Government Code; and
1-62 (D) other laws relating to public officials,
1-63 including conflict of interest laws; and
1-64 (8) any applicable ethics policies adopted by the
2-1 department or the Texas Ethics Commission.
2-2 (c) A person appointed to the board is entitled to
2-3 reimbursement, as provided by the General Appropriations Act, for
2-4 travel expenses incurred in attending the training program
2-5 regardless of whether the attendance at the program occurs before
2-6 or after the person qualifies for office.
2-7 SECTION 4. Chapter 21, Human Resources Code, is amended by
2-8 adding Section 21.0061 to read as follows:
2-9 Sec. 21.0061. REGIONAL PERFORMANCE AGREEMENTS WITH LOCAL
2-10 ADMINISTRATIVE UNITS. (a) The commissioner and the administrator
2-11 of each local administrative unit of the department shall enter
2-12 into a regional performance agreement that includes goals,
2-13 objectives, and performance criteria established by the
2-14 commissioner under Subsection (b) for the unit.
2-15 (b) The commissioner shall establish and biennially update
2-16 goals, objectives, and performance criteria for each local
2-17 administrative unit of the department. The goals, objectives, and
2-18 performance criteria must:
2-19 (1) set clearly defined and measurable objectives
2-20 related to program outcomes and the volume and quality of services
2-21 delivered in the region to encourage accountability for services
2-22 provided; and
2-23 (2) encourage creativity and coordination of local
2-24 service delivery.
2-25 (c) In developing the goals, objectives, and performance
2-26 criteria under Subsection (b), the commissioner shall seek input
2-27 from:
2-28 (1) local providers of health and human services,
2-29 including local nursing facilities and personal care homes;
2-30 (2) recipients of services under department programs
2-31 administered by the local administrative unit; and
2-32 (3) local consumer representatives and advocacy
2-33 groups.
2-34 (d) The commissioner shall assess the performance of each
2-35 local administrative unit based on the goals, objectives, and
2-36 performance criteria in the regional performance agreement between
2-37 the commissioner and the administrator of that unit. The
2-38 commissioner shall include the results of each assessment in the
2-39 report on the operation and administration of the department
2-40 required under Section 21.011.
2-41 (e) The commissioner shall consider the goals, objectives,
2-42 and performance criteria in each regional performance agreement and
2-43 the performance of each local administrative unit based on those
2-44 standards when evaluating and establishing regional funding
2-45 allocations.
2-46 (f) The department shall inform health and human services
2-47 agencies, as defined by Section 531.001, Government Code, and the
2-48 general public in each region of the contents of the regional
2-49 performance agreement for that region.
2-50 SECTION 5. Chapter 22, Human Resources Code, is amended by
2-51 adding Section 22.0071 to read as follows:
2-52 Sec. 22.0071. CONTRACTS FOR COMMUNITY CARE SERVICES.
2-53 (a) The department shall by rule develop and implement a system to
2-54 limit the number of direct providers of department community care
2-55 services. In developing the system, the department shall ensure
2-56 that a sufficient number of direct providers are available to:
2-57 (1) provide access to services;
2-58 (2) ensure choice of providers;
2-59 (3) ensure competition among providers; and
2-60 (4) meet the demand for services.
2-61 (b) A contract for the delivery of community care services
2-62 under a department program must include:
2-63 (1) clearly defined goals and outcomes that can be
2-64 measured to determine whether the client service objectives are
2-65 being achieved;
2-66 (2) clearly defined sanctions or penalties, including
2-67 civil monetary penalties under Section 32.0215, if appropriate, for
2-68 noncompliance with contract terms; and
2-69 (3) clearly specified accounting, reporting, and
3-1 auditing requirements applicable to money received under the
3-2 contract.
3-3 (c) The department shall monitor a community care provider's
3-4 performance under a contract for the delivery of community care
3-5 services. In monitoring performance, the department shall:
3-6 (1) use a risk-assessment methodology throughout the
3-7 state to ensure compliance with financial and performance
3-8 requirements under the contract; and
3-9 (2) obtain and evaluate service cost information to
3-10 ensure that all costs, including administrative costs, are
3-11 reasonable and necessary to achieve client service objectives.
3-12 SECTION 6. Section 22.018, Human Resources Code, is amended
3-13 to read as follows:
3-14 Sec. 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
3-15 HEARINGS [DIVISION]. (a) The department and the chief
3-16 administrative law judge of the State Office of Administrative
3-17 Hearings shall adopt a memorandum of understanding under which the
3-18 State Office of Administrative Hearings, on behalf of the
3-19 department, conducts all contested case hearings authorized or
3-20 required by law to be conducted by the department under the
3-21 administrative procedure law, [shall establish and maintain a
3-22 hearings division that is separate from the legal division to
3-23 administer each hearing held under] Chapter 2001, Government Code.
3-24 (b) The memorandum of understanding shall require the chief
3-25 administrative law judge, the department, and the commissioner to
3-26 cooperate in connection with a contested case hearing and may
3-27 authorize the State Office of Administrative Hearings to perform
3-28 any administrative act, including giving of notice, that is
3-29 required to be performed by the department or commissioner [Neither
3-30 the department nor the department's legal division may directly or
3-31 indirectly influence a decision or the decision-making process of
3-32 the hearings division].
3-33 (c) The memorandum of understanding shall address whether
3-34 the administrative law judge who conducts a contested case hearing
3-35 for the State Office of Administrative Hearings on behalf of the
3-36 department shall:
3-37 (1) enter the final decision in the case after
3-38 completion of the hearing; or
3-39 (2) propose a decision to the department or the
3-40 commissioner for final consideration.
3-41 (d) The department by interagency contract shall reimburse
3-42 the State Office of Administrative Hearings for the costs incurred
3-43 in conducting contested case hearings for the department. The
3-44 department may pay an hourly fee for the costs of conducting those
3-45 hearings or a fixed annual fee negotiated biennially by the
3-46 department and the State Office of Administrative Hearings to
3-47 coincide with the department's legislative appropriations request.
3-48 (e) A reference in law to the hearings division of the
3-49 department is considered to be a reference to the State Office of
3-50 Administrative Hearings when used in relation to a contested case
3-51 hearing under the administrative procedure law, Chapter 2001,
3-52 Government Code.
3-53 SECTION 7. Section 31.0032, Human Resources Code, is amended
3-54 by adding Subsection (d) to read as follows:
3-55 (d) The department shall give the highest priority to the
3-56 administrative processing of sanctions or penalties applied under
3-57 this section so that the department's records of the affected
3-58 person promptly reflect application of the sanctions or penalties.
3-59 SECTION 8. The section heading to Section 31.0095, Human
3-60 Resources Code, is amended to read as follows:
3-61 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
3-62 SECTION 9. The section heading to Section 31.010, Human
3-63 Resources Code, is amended to read as follows:
3-64 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
3-65 RECIPIENT.
3-66 SECTION 10. Subchapter A, Chapter 31, Human Resources Code,
3-67 is amended by adding Section 31.011 to read as follows:
3-68 Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
3-69 SUPPORT SERVICES. (a) The department shall assist a recipient of
4-1 financial assistance in assessing the needs, other than
4-2 employability needs assessed under Section 31.0095, of the
4-3 recipient and the recipient's family that, if addressed, would help
4-4 the recipient and the recipient's family to attain and retain the
4-5 capability of independence and self-care.
4-6 (b) Based on the needs assessment under this section, the
4-7 department shall refer the recipient and the recipient's family to
4-8 appropriate preventive and support services provided by the
4-9 department or any other public or private entity. Preventive and
4-10 support services to which the department may refer a recipient and
4-11 a recipient's family under this section include:
4-12 (1) substance abuse treatment programs;
4-13 (2) domestic violence services;
4-14 (3) child abuse awareness and prevention services;
4-15 (4) health care and nutrition programs;
4-16 (5) parenting skills training;
4-17 (6) life skills training;
4-18 (7) criminal and juvenile justice intervention
4-19 programs;
4-20 (8) at-risk children and youth programs;
4-21 (9) child support enforcement services; and
4-22 (10) any other program or service determined by the
4-23 department to be appropriate.
4-24 SECTION 11. Subchapter A, Chapter 31, Human Resources Code,
4-25 is amended by adding Section 31.0127 to read as follows:
4-26 Sec. 31.0127. COORDINATION OF SERVICES TO TANF CLIENTS.
4-27 (a) In order to ensure efficient delivery of appropriate programs
4-28 and services, the Health and Human Services Commission is the state
4-29 agency designated to coordinate between the department and any
4-30 other state agency which provides programs or services to a
4-31 Temporary Assistance for Needy Families client who is receiving a
4-32 cash grant and who has been referred by the department to another
4-33 state agency.
4-34 (b) Any state agency providing programs or services to
4-35 Temporary Assistance for Needy Families clients who are receiving a
4-36 cash grant and who have been referred by the department is required
4-37 to comply with Chapter 531, Government Code, with regard to those
4-38 programs and services.
4-39 (c) If implementation of this section with regard to any
4-40 program or service conflicts with federal law, the state agency is
4-41 not required to comply with this section with regard to that
4-42 program or service.
4-43 SECTION 12. Subchapter B, Chapter 32, Human Resources Code,
4-44 is amended by adding Section 32.0212 to read as follows:
4-45 Sec. 32.0212. CONTRACTS FOR NURSING FACILITY CARE; QUALITY
4-46 ASSESSMENT. (a) The department by rule shall develop minimum
4-47 performance standards for a nursing facility that contracts with
4-48 the department for the delivery of medical assistance. In
4-49 developing the minimum performance standards, the department shall
4-50 use all appropriate performance data collected by the department or
4-51 another agency.
4-52 (b) A contract with the department for the delivery of
4-53 medical assistance by a nursing facility must include the
4-54 performance standards developed under Subsection (a).
4-55 (c) The department by rule shall develop and implement a
4-56 quality assessment process to evaluate the performance of a nursing
4-57 facility that contracts with the department for the delivery of
4-58 medical assistance. In developing the process, the department
4-59 shall use all appropriate performance data collected by the
4-60 department or any other agency, including:
4-61 (1) regulatory information collected through on-site
4-62 visits to a nursing facility;
4-63 (2) data relating to assessments made by a nursing
4-64 facility regarding the condition of a person receiving care in the
4-65 facility; and
4-66 (3) any other performance data determined by the
4-67 department to be useful.
4-68 (d) The department shall promptly address a nursing
4-69 facility's failure to meet minimum performance standards by, if
5-1 necessary, imposing penalties and sanctions, including termination
5-2 of the facility's contract, as authorized under the contract or as
5-3 provided by law.
5-4 SECTION 13. Subchapter B, Chapter 32, Human Resources Code,
5-5 is amended by adding Section 32.0251 to read as follows:
5-6 Sec. 32.0251. COMMUNITY CARE SERVICES FOR THE ELDERLY AND
5-7 DISABLED. (a) The department shall inform an applicant for
5-8 medical assistance seeking nursing facility care of any community
5-9 care services that may be available to the applicant as an
5-10 alternative to nursing facility care.
5-11 (b) The department by rule shall develop and implement a
5-12 process of presumptive eligibility determination for appropriate
5-13 elderly or disabled applicants for community care services.
5-14 (c) The department shall design a plan of care for an
5-15 applicant for community care services based on the needs of the
5-16 applicant identified by the department. The plan of care shall be
5-17 adjusted promptly as necessary based on any change in the
5-18 applicant's physical condition or need for services, whether
5-19 identified by the department during a periodic reassessment of the
5-20 applicant's condition or at any other time.
5-21 (d) If community care services are not readily available for
5-22 an elderly or disabled applicant because of a high demand for
5-23 services, the department shall maintain a waiting list for the
5-24 services. The department shall collect from each applicant who is
5-25 placed on the waiting list appropriate information to facilitate
5-26 contacting the applicant when the services become available and to
5-27 allow efficient enrollment of the applicant in those services.
5-28 SECTION 14. The chapter heading to Chapter 51, Human
5-29 Resources Code, is amended to read as follows:
5-30 CHAPTER 51. FAMILY VIOLENCE CENTERS [SHELTERS]
5-31 SECTION 15. Section 51.002, Human Resources Code, is amended
5-32 to read as follows:
5-33 Sec. 51.002. DEFINITIONS. In this chapter:
5-34 (1) "Family violence center" includes a family
5-35 violence shelter center and a family violence nonresidential
5-36 center.
5-37 (2) "Family violence nonresidential center" means a
5-38 program that:
5-39 (A) is operated by a public or private nonprofit
5-40 organization; and
5-41 (B) provides comprehensive services to victims
5-42 of family violence that do not include providing residential
5-43 shelter to those victims.
5-44 (3) "Family violence shelter center" means a program
5-45 that is operated by a public or private nonprofit organization and
5-46 that provides residential and nonresidential [shelter and] services
5-47 to victims of family violence.
5-48 (4) "Family violence" has the meaning assigned by
5-49 Chapter 71, Family Code [(2) "Victim of family violence" means:]
5-50 [(A) an adult who is subjected to physical force
5-51 or the threat of physical force by another who is related by
5-52 affinity or consanguinity, as determined under Chapter 573,
5-53 Government Code, to that adult, who is a former spouse of that
5-54 adult, or who resides in the same household with that adult; or]
5-55 [(B) an individual, other than an individual
5-56 using physical force or the threat of physical force, who resides
5-57 in the same household with a victim of family violence as defined
5-58 in Paragraph (A) of this subdivision].
5-59 SECTION 16. Section 51.003, Human Resources Code, is amended
5-60 to read as follows:
5-61 Sec. 51.003. CONTRACTS. (a) The Texas Department of Human
5-62 Services shall contract for services with family violence [shelter]
5-63 centers with consideration given to geographic distribution and
5-64 need. These contracts are to expand existing family violence
5-65 [shelter] center services and may not result in reducing financial
5-66 support a family violence [shelter] center receives from another
5-67 source. The contracts shall not provide for more than 75 percent
5-68 of the cost of the family violence [shelter] center program. The
5-69 department shall develop a declining scale of state financial
6-1 support for family violence [shelter] centers, declining over a
6-2 six-year period from the initiation of each individual contract,
6-3 with no more than 50 percent of a family violence [shelter] center
6-4 program's funding to be provided by the state after the sixth year.
6-5 The balance each year shall be provided from other sources. The
6-6 department may adopt rules which will allow exceptions to the above
6-7 scale in individual instances when a family violence [shelter]
6-8 center shall demonstrate that exigent circumstances require such a
6-9 waiver.
6-10 (b) The department shall contract statewide for activities
6-11 that support and advance the work of family violence [shelter]
6-12 centers. Activities contracted for under this subsection [A
6-13 contract] must include [require] the provision of technical
6-14 assistance and training for family violence [shelter] centers. The
6-15 department may contract for [may require] the provision of public
6-16 education, consultation to the department, research, evaluation,
6-17 and liaison and training for other professionals who work with
6-18 victims of family violence, including professionals in the criminal
6-19 justice, medical, and social services fields, and for community or
6-20 civic groups.
6-21 (c) The department shall award all contracts made under
6-22 Subsection (b) through a competitive bidding process unless that
6-23 process would not be cost-effective.
6-24 SECTION 17. Section 51.004, Human Resources Code, is amended
6-25 to read as follows:
6-26 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
6-27 contract under Section 51.003(a) [of this code], a family violence
6-28 shelter center [public or private nonprofit organization] must:
6-29 (1) provide [operate a family violence shelter center
6-30 that provides] temporary lodging and social services for adults and
6-31 their children who have left or have been removed from the family
6-32 home because of family violence;
6-33 (2) [. The family violence shelter center must] have
6-34 been in actual operation offering shelter services 24 hours a day
6-35 with a capacity for not less than five persons for at least nine
6-36 months before the date on which [that] the contract is awarded; and
6-37 (3) submit a[. The] contract application [must be
6-38 submitted] on forms prescribed by the department.
6-39 (b) To be eligible for a contract under Section 51.003(a), a
6-40 family violence nonresidential center must:
6-41 (1) provide, as its primary purpose, direct delivery
6-42 of services to victims of family violence that, at a minimum,
6-43 include:
6-44 (A) safety planning;
6-45 (B) counseling services;
6-46 (C) information regarding legal options and
6-47 availability of legal services; and
6-48 (D) assistance and support in accessing legal
6-49 services, including accompanying victims in appropriate
6-50 circumstances;
6-51 (2) demonstrate a system of referring victims of
6-52 family violence to at least one family violence shelter center;
6-53 (3) have been providing comprehensive services,
6-54 including the services described by Subdivision (1), to victims of
6-55 family violence for at least two years before the date on which the
6-56 contract is awarded;
6-57 (4) demonstrate that the center, through the services
6-58 it provides, is addressing an otherwise unmet need in the
6-59 community; and
6-60 (5) submit a contract application on forms prescribed
6-61 by the department.
6-62 (c) The department shall consider the following factors in
6-63 awarding [the] contracts under Section 51.003(a):
6-64 (1) the family violence [shelter] center's eligibility
6-65 for and use of funds from the federal government, philanthropic
6-66 organizations, and voluntary sources;
6-67 (2) community support for the family violence
6-68 [shelter] center, as evidenced by financial contributions from
6-69 civic organizations, local governments, and individuals;
7-1 (3) evidence that the family violence [shelter] center
7-2 provides services that encourage rehabilitation and effectively
7-3 utilizes community resources;
7-4 (4) the endorsement and involvement of local law
7-5 enforcement officials; and
7-6 (5) support for the family violence [shelter] center
7-7 through volunteer work, especially volunteer effort by persons who
7-8 have been victims of family violence.
7-9 (d) [(c)] The department shall use a noncompetitive
7-10 procurement procedure if the department determines that there is no
7-11 competition between eligible family violence shelter centers for a
7-12 service area. If the department determines that there is
7-13 competition between eligible family violence shelter centers for a
7-14 service area, the department shall award a contract through a
7-15 competitive procurement procedure based on the factors in
7-16 Subsection (b) of this section.
7-17 (e) If the department determines that a family violence
7-18 nonresidential center provides services that would not be otherwise
7-19 available in the service area, the department shall include the
7-20 family violence nonresidential center in the noncompetitive
7-21 procurement procedure under Subsection (d).
7-22 SECTION 18. Section 51.005, Human Resources Code, is amended
7-23 to read as follows:
7-24 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
7-25 shall contract only with family violence [shelter] centers that
7-26 fulfill the requirements of this chapter.
7-27 (b) The contracts shall require the persons operating a
7-28 family violence [shelter] center to:
7-29 (1) make a quarterly and an annual financial report on
7-30 a form prescribed by the department;
7-31 (2) cooperate with inspections the department makes to
7-32 ensure services standards and fiscal responsibility; and
7-33 (3) provide as a minimum access to the following:
7-34 (A) 24-hour-a-day shelter;
7-35 (B) a crisis call hotline available 24 hours a
7-36 day;
7-37 (C) emergency medical care;
7-38 (D) counseling services;
7-39 (E) emergency transportation;
7-40 (F) legal assistance in the civil and criminal
7-41 justice systems;
7-42 (G) educational arrangements for children;
7-43 (H) information about training for and seeking
7-44 employment;
7-45 (I) cooperation with criminal justice officials;
7-46 (J) community education;
7-47 (K) a referral system to existing community
7-48 services; and
7-49 (L) a volunteer recruitment and training
7-50 program.
7-51 (c) The contracts may require the persons operating a family
7-52 violence [shelter] center to use intake and case study forms.
7-53 Forms required shall be developed by the department with
7-54 consultation as outlined in Section 51.008 of this subtitle.
7-55 SECTION 19. Section 51.006, Human Resources Code, is amended
7-56 to read as follows:
7-57 Sec. 51.006. REPORT. Not later than November 1 of each
7-58 even-numbered year, the department shall publish a report that
7-59 summarizes reports from family violence [shelter] centers under
7-60 contract with the department and that analyzes the effectiveness of
7-61 the contracts authorized by this chapter. The reports must include
7-62 information on the expenditure of funds authorized under this
7-63 chapter, the services provided, the number of persons for whom a
7-64 service was provided, and any other information relating to the
7-65 provision of family violence services. The report may be combined
7-66 with the report required by Section 21.011. Copies of the report
7-67 shall be submitted to the governor, the lieutenant governor, the
7-68 speaker of the house of representatives, the Legislative Budget
7-69 Board, and the standing committees of the senate and house of
8-1 representatives having primary jurisdiction over the department.
8-2 SECTION 20. Section 51.007, Human Resources Code, is amended
8-3 to read as follows:
8-4 Sec. 51.007. CONFIDENTIALITY. The department may not
8-5 disclose any information gained through reports, collected case
8-6 data, or inspections that would identify a particular center or a
8-7 person working at or receiving services at a family violence
8-8 [shelter] center.
8-9 SECTION 21. Chapter 51, Human Resources Code, is amended by
8-10 adding Section 51.012 to read as follows:
8-11 Sec. 51.012. COORDINATION OF SERVICES. The department and
8-12 the Department of Protective and Regulatory Services shall
8-13 coordinate the provision of violence prevention services for
8-14 children and youth.
8-15 SECTION 22. Subchapter C, Chapter 242, Health and Safety
8-16 Code, is amended by adding Section 242.0611 to read as follows:
8-17 Sec. 242.0611. RULE-BASED CRITERIA FOR ENFORCEMENT REMEDIES.
8-18 The department shall develop criteria, published in rules,
8-19 regarding circumstances that trigger the imposition of each of the
8-20 remedies available to the department.
8-21 SECTION 23. Subchapter C, Chapter 242, Health and Safety
8-22 Code, is amended by adding Section 242.074 to read as follows:
8-23 Sec. 242.074. USE OF REGULATORY REPORTS AND DOCUMENTS.
8-24 (a) Except as otherwise provided by this section, a report or
8-25 other document prepared by the department that relates to
8-26 regulation of an institution is not admissible as evidence in a
8-27 civil action to prove that the institution violated a standard
8-28 prescribed under this chapter.
8-29 (b) Subsection (a) does not:
8-30 (1) apply to the admissibility as evidence of
8-31 department reports or other documents in an enforcement action in
8-32 which the state or any agency or political subdivision of the state
8-33 is a party, including:
8-34 (A) an action seeking injunctive relief under
8-35 Section 242.063;
8-36 (B) an action seeking imposition of a civil
8-37 penalty under Section 242.065; and
8-38 (C) a contested case hearing involving denial,
8-39 suspension, or revocation of a license issued under this chapter;
8-40 (2) apply to the admissibility as evidence of
8-41 department reports or other documents that are offered:
8-42 (A) to establish warning or notice to an
8-43 institution of a relevant department determination; or
8-44 (B) under any rule or evidentiary predicate of
8-45 the Texas Rules of Civil Evidence;
8-46 (3) prohibit or limit the testimony of a department
8-47 employee, in accordance with the Texas Rules of Civil Evidence, as
8-48 to observations, factual findings, conclusions, or determinations
8-49 that an institution violated a standard prescribed under this
8-50 chapter if the observations, factual findings, conclusions, or
8-51 determinations were made in the discharge of the employee's
8-52 official duties for the department; or
8-53 (4) prohibit or limit the use of department reports or
8-54 other documents in depositions or other forms of discovery
8-55 conducted in connection with a civil action if use of the reports
8-56 or other documents appears reasonably calculated to lead to the
8-57 discovery of admissible evidence.
8-58 SECTION 24. Section 242.309, Health and Safety Code, as
8-59 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
8-60 Regular Session, 1997 (effective until federal determination of
8-61 failure to comply with federal regulations), is amended to read as
8-62 follows:
8-63 Sec. 242.309. PROVISIONAL LICENSE. (a) The board shall
8-64 issue [On application, the department shall grant] a provisional
8-65 license to an applicant currently licensed in another jurisdiction
8-66 who seeks a license in this state and who [under this subchapter.
8-67 An applicant for a provisional license under this section must]:
8-68 (1) has been [be] licensed in good standing as a
8-69 nursing facility administrator for at least two years in another
9-1 jurisdiction, including a foreign country, [in another state, the
9-2 District of Columbia, or a territory of the United States] that has
9-3 licensing requirements that are substantially equivalent to the
9-4 requirements of this subchapter;
9-5 (2) has [have] passed a national or other examination
9-6 recognized by the board relating to the practice of nursing
9-7 facility administration; and
9-8 (3) is [be] sponsored by a person licensed by the
9-9 board under this subchapter with whom the provisional license
9-10 holder will [may] practice during the time the person holds a
9-11 provisional license [under this section].
9-12 (b) The board may waive [An applicant for a provisional
9-13 license may be excused from] the requirement of Subsection (a)(3)
9-14 for an applicant if the board [department] determines that
9-15 compliance with that subsection would be [constitutes] a hardship
9-16 to the applicant.
9-17 (c) A provisional license is valid until the date the board
9-18 [department] approves or denies the provisional license holder's
9-19 application for a license. The board [department] shall issue a
9-20 license under this subchapter to the provisional license holder [of
9-21 a provisional license under this section] if:
9-22 (1) the provisional license holder is eligible to be
9-23 licensed under [passes the examination required by] Section 242.306
9-24 [242.306(c)]; or
9-25 (2) the provisional license holder passes the part of
9-26 the examination under Section 242.307 that relates to the
9-27 applicant's knowledge and understanding of the laws and rules
9-28 relating to the practice of nursing facility administration in this
9-29 state and:
9-30 (A) the board [department] verifies that the
9-31 provisional license holder meets [has] the academic and experience
9-32 requirements for a license under this subchapter; and
9-33 (B) [(3)] the provisional license holder
9-34 satisfies all other license requirements under this subchapter.
9-35 (d) The board must approve or deny [department shall
9-36 complete the processing of] a provisional license holder's
9-37 application for a license not later than the 180th day after the
9-38 date the provisional license is issued. The board [department] may
9-39 extend the 180-day period if the results of an examination have not
9-40 been received by the board before the end of that period [this time
9-41 in order to receive the results of a national examination or other
9-42 examination administered or graded by an outside organization
9-43 recognized by the department].
9-44 (e) The board may establish a fee for provisional licenses
9-45 in an amount reasonable and necessary to cover the cost of issuing
9-46 the license.
9-47 SECTION 25. Section 242.310, Health and Safety Code, as
9-48 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
9-49 Regular Session, 1997 (effective until federal determination of
9-50 failure to comply with federal regulations), is amended to read as
9-51 follows:
9-52 Sec. 242.310. LICENSE RENEWAL. (a) A person who is
9-53 otherwise eligible to renew a license may renew an unexpired
9-54 license by paying [to the department before the expiration of the
9-55 license] the required renewal fee to the department before the
9-56 expiration date of the license. A person whose license has expired
9-57 may not engage in activities that require a license until the
9-58 license has been renewed.
9-59 (b) A person whose [If a person's] license has been expired
9-60 for 90 days or less[, the person] may renew the license by paying
9-61 to the department a [the required] renewal fee [and a fee] that is
9-62 equal to 1-1/2 times the normally required renewal fee [one-half of
9-63 the examination fee for the license].
9-64 (c) A person whose [If a person's] license has been expired
9-65 for more [longer] than 90 days but less than one year[, the person]
9-66 may renew the license by paying to the department a renewal fee
9-67 that is equal to two times the normally required renewal fee [all
9-68 unpaid renewal fees and a fee that is equal to the examination fee
9-69 for the license].
10-1 (d) A person whose [If a person's] license has been expired
10-2 for one year or more [longer, the person] may not renew the
10-3 license. The person may obtain a new license by complying with the
10-4 requirements and procedures, including the examination
10-5 requirements, for obtaining an original license.
10-6 (e) A [However, the department may renew without
10-7 reexamination an expired license of a] person who was licensed in
10-8 this state, moved to another state, and is currently licensed and
10-9 has been in practice in the other state for the two years preceding
10-10 the date of application may obtain a new license without
10-11 reexamination. The [Such] person must pay to the department a fee
10-12 that is equal to two times the normally required renewal [the
10-13 examination] fee for the license.
10-14 (f) Not later than the 31st day [(e) At least 30 days]
10-15 before the date [expiration of] a person's license is scheduled to
10-16 expire, the department shall send written notice of the impending
10-17 [license] expiration to the person at the person's [license
10-18 holder's] last known address according to the records of the
10-19 department.
10-20 SECTION 26. Section 242.314, Health and Safety Code, as
10-21 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
10-22 Regular Session, 1997 (effective upon federal determination of
10-23 failure to comply with federal regulations), is amended to read as
10-24 follows:
10-25 Sec. 242.314. PROVISIONAL LICENSE. (a) The [On
10-26 application, the] board shall issue [grant] a provisional license
10-27 to an applicant currently licensed in another jurisdiction who
10-28 seeks a license in this state and who [under this subchapter. An
10-29 applicant for a provisional license under this section must]:
10-30 (1) has been [be] licensed in good standing as a
10-31 nursing facility administrator for at least two years in another
10-32 jurisdiction, including a foreign country, [state, the District of
10-33 Columbia, or a territory of the United States] that has licensing
10-34 requirements that are substantially equivalent to the requirements
10-35 of this subchapter;
10-36 (2) has [have] passed a national or other examination
10-37 recognized by the board relating to the practice of nursing
10-38 facility administration; and
10-39 (3) is [be] sponsored by a person licensed by the
10-40 board under this subchapter with whom the provisional license
10-41 holder will [may] practice during the time the person holds a
10-42 provisional license [under this section].
10-43 (b) The board may waive [An applicant for a provisional
10-44 license may be excused from] the requirement of Subsection (a)(3)
10-45 for an applicant if the board determines that compliance with that
10-46 subsection would be [constitutes] a hardship to the applicant.
10-47 (c) A provisional license is valid until the date the board
10-48 approves or denies the provisional license holder's application for
10-49 a license. The board shall issue a license under this subchapter
10-50 to the provisional license holder [of a provisional license under
10-51 this section] if:
10-52 (1) the provisional license holder is eligible to be
10-53 licensed under [passes the examination required by] Section 242.311
10-54 [242.311(c)]; or
10-55 (2) the provisional license holder passes the part of
10-56 the examination under Section 242.312 that relates to the
10-57 applicant's knowledge and understanding of the laws and rules
10-58 relating to the practice of nursing facility administration in this
10-59 state and:
10-60 (A) the board verifies that the provisional
10-61 license holder meets [has] the academic and experience requirements
10-62 for a license under this subchapter; and
10-63 (B) [(3)] the provisional license holder
10-64 satisfies any other license requirements under this subchapter.
10-65 (d) The board must approve or deny [shall complete the
10-66 processing of] a provisional license holder's application for a
10-67 license not later than the 180th day after the date the provisional
10-68 license is issued. The board may extend the 180-day period if the
10-69 results of an examination have not been received by the board
11-1 before the end of that period [this time in order to receive the
11-2 results of a national examination or other examination administered
11-3 or graded by an outside organization recognized by the board].
11-4 (e) The board may establish a fee for provisional licenses
11-5 in an amount reasonable and necessary to cover the cost of issuing
11-6 the license.
11-7 SECTION 27. Section 242.315, Health and Safety Code, as
11-8 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
11-9 Regular Session, 1997 (effective upon federal determination of
11-10 failure to comply with federal regulations), is amended to read as
11-11 follows:
11-12 Sec. 242.315. LICENSE RENEWAL. (a) A person who is
11-13 otherwise eligible to renew a license may renew an unexpired
11-14 license by paying [to the board before the expiration of the
11-15 license] the required renewal fee to the board before the
11-16 expiration date of the license. A person whose license has expired
11-17 may not engage in activities that require a license until the
11-18 license has been renewed.
11-19 (b) A person whose [If a person's] license has been expired
11-20 for 90 days or less[, the person] may renew the license by paying
11-21 to the board a [the required] renewal fee that is equal to 1-1/2
11-22 times the normally required fee [and a fee that is one-half of the
11-23 examination fee for the license].
11-24 (c) A person whose [If a person's] license has been expired
11-25 for more [longer] than 90 days but less than one year[, the person]
11-26 may renew the license by paying to the board a [all unpaid] renewal
11-27 [fees and a] fee that is equal to two times the normally required
11-28 renewal fee [the examination fee for the license].
11-29 (d) A person whose [If a person's] license has been expired
11-30 for one year or more [longer, the person] may not renew the
11-31 license. The person may obtain a new license by complying with the
11-32 requirements and procedures, including the examination
11-33 requirements, for obtaining an original license.
11-34 (e) A [However, the board may renew without reexamination an
11-35 expired license of a] person who was licensed in this state, moved
11-36 to another state, and is currently licensed and has been in
11-37 practice in the other state for the two years preceding the date of
11-38 application may obtain a new license without reexamination. The
11-39 person must pay to the board a fee that is equal to two times the
11-40 normally required renewal [the examination] fee for the license.
11-41 (f) Not later than the 31st day [(e) At least 30 days]
11-42 before the date [expiration of] a person's license is scheduled to
11-43 expire, the board shall send written notice of the impending
11-44 [license] expiration to the person at the person's [license
11-45 holder's] last known address according to the records of the board.
11-46 SECTION 28. Chapter 242, Health and Safety Code, is amended
11-47 by adding Subchapter Q to read as follows:
11-48 SUBCHAPTER Q. PUBLIC ACCESS TO QUALITY OF SERVICE INFORMATION
11-49 Sec. 242.901. COMPILATION OF QUALITY OF SERVICE INFORMATION.
11-50 (a) The department shall compile and periodically update
11-51 regulatory and service quality information regarding nursing
11-52 facilities licensed under this chapter for review by the public.
11-53 The department shall consult with nursing facility residents, their
11-54 families, nursing facility providers, and advocacy groups in
11-55 determining the types of information to compile. This subsection
11-56 applies only to regulatory and service quality information that is
11-57 public information subject to public disclosure under Chapter 552,
11-58 Government Code.
11-59 (b) The department shall compile the compilation required
11-60 under Subsection (a) in a format that is readily accessible to and
11-61 understandable by a member of the general public.
11-62 (c) The compilation required under Subsection (a) must
11-63 include information useful to a member of the general public in
11-64 selecting a nursing facility, including:
11-65 (1) complaint information, including the number of
11-66 complaints received, outcomes of investigations of the complaints,
11-67 final sanction information, and percentage of complaints that were
11-68 unsubstantiated;
11-69 (2) violations or deficiencies cited by a validation
12-1 survey that were dismissed or overturned;
12-2 (3) staff turnover rates;
12-3 (4) staff to resident ratios;
12-4 (5) percentages of budgets spent on direct patient
12-5 care;
12-6 (6) resident outcome improvements; and
12-7 (7) amount of volunteer activity and involvement.
12-8 (d) The cost incurred by a nursing facility in maintaining
12-9 and reporting regulatory and service quality information required
12-10 under this section is an allowable cost for reimbursement under the
12-11 state Medicaid program.
12-12 Sec. 242.902. ACCESS TO QUALITY OF SERVICE INFORMATION. The
12-13 department shall make copies of the information compiled under
12-14 Section 242.901 available to the public on request and shall also
12-15 provide access to the information through:
12-16 (1) any toll-free telephone numbers maintained by the
12-17 department; and
12-18 (2) any Internet sites or other electronic forums
12-19 maintained by the department.
12-20 SECTION 29. Subdivision (3), Subsection (b), Section 30.05,
12-21 Penal Code, is amended to read as follows:
12-22 (3) "Shelter center" has the meaning assigned by
12-23 Section 51.002 [51.002(1)], Human Resources Code.
12-24 SECTION 30. Subsection (c), Section 32.025, Human Resources
12-25 Code, is repealed.
12-26 SECTION 31. (a) The changes in law made by this Act
12-27 relating to the qualifications for a license issued by the Texas
12-28 Department of Human Services apply only to an application for a
12-29 license made on or after the effective date of this Act.
12-30 (b) An application made for a license issued by the Texas
12-31 Department of Human Services before the effective date of this Act
12-32 is governed by the law in effect on the date the application was
12-33 made, and the former law is continued in effect for that purpose.
12-34 SECTION 32. (a) The changes in law made by this Act to the
12-35 qualifications of and the prohibitions applying to members of the
12-36 Texas Board of Human Services do not affect the entitlement of a
12-37 member serving on the board immediately before September 1, 1999,
12-38 to continue to carry out the functions of the board for the
12-39 remainder of the member's term. The changes in law apply only to a
12-40 member appointed on or after September 1, 1999. This Act does not
12-41 prohibit a person who is a member of the board on September 1,
12-42 1999, from being reappointed to the board if the person has the
12-43 qualifications required for membership under Section 21.003, Human
12-44 Resources Code, as amended by this Act.
12-45 (b) The governor shall, in filling the first two vacancies
12-46 on the Texas Board of Human Services that occur after the effective
12-47 date of this Act, ensure that the composition of the board after
12-48 those vacancies are filled complies with the requirements of
12-49 Subsection (b), Section 21.003, Human Resources Code, as amended by
12-50 this Act.
12-51 SECTION 33. (a) Not later than January 1, 2000, the Texas
12-52 Department of Human Services shall develop and implement the system
12-53 required by Subsection (a), Section 22.0071, Human Resources Code,
12-54 as added by this Act.
12-55 (b) The change in law made by Subsection (b), Section
12-56 22.0071, Human Resources Code, as added by this Act, applies only
12-57 to a contract that is entered into or renewed on or after the
12-58 effective date of this Act. A contract entered into before the
12-59 effective date of this Act is governed by the law in effect at the
12-60 time the contract was entered into, and that law is continued in
12-61 effect for that purpose.
12-62 SECTION 34. (a) The change in law made to Section 22.018,
12-63 Human Resources Code, by this Act relating to a contested case
12-64 hearing conducted by the State Office of Administrative Hearings on
12-65 behalf of the Texas Department of Human Services applies only to a
12-66 hearing that begins on or after January 1, 2000. Notwithstanding
12-67 any other provision of this Act, a hearing that begins before that
12-68 date is governed by the law in effect at the time the hearing
12-69 begins, and that law is continued in effect for that purpose.
13-1 (b) The Commissioner of Human Services and the chief
13-2 administrative law judge of the State Office of Administrative
13-3 Hearings may agree to transfer contested cases pending before the
13-4 Texas Department of Human Services to the State Office of
13-5 Administrative Hearings before January 1, 2000.
13-6 SECTION 35. Section 32.0212, Human Resources Code, as added
13-7 by this Act, applies only to a contract that is entered into or
13-8 renewed on or after the effective date of this Act. A contract
13-9 entered into before the effective date of this Act is governed by
13-10 the law in effect at the time the contract was entered into, and
13-11 that law is continued in effect for that purpose.
13-12 SECTION 36. If, before implementing any provision of this
13-13 Act, a state agency determines that a waiver or authorization from
13-14 a federal agency is necessary for implementation of that provision,
13-15 the agency affected by the provision shall request the waiver or
13-16 authorization and may delay implementing that provision until the
13-17 waiver or authorization is granted.
13-18 SECTION 37. This Act takes effect September 1, 1999.
13-19 SECTION 38. The importance of this legislation and the
13-20 crowded condition of the calendars in both houses create an
13-21 emergency and an imperative public necessity that the
13-22 constitutional rule requiring bills to be read on three several
13-23 days in each house be suspended, and this rule is hereby suspended.
13-24 * * * * *