By: Cain S.B. No. 1208
99S0636/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the licensing of outpatient hospital facilities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 241.023, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 241.023. ISSUANCE OF LICENSE. (a) On receiving a
1-6 license application and the license fee, the department shall issue
1-7 a license if it finds that the applicant and the hospital comply
1-8 with this chapter and the rules or standards adopted under this
1-9 chapter.
1-10 (b) A license may be renewed annually after payment of the
1-11 required fee.
1-12 (c) The department may issue a license only for the premises
1-13 and person or governmental unit named in the application.
1-14 (d) Subject to the provisions of Subsection (e), a license
1-15 issued under this section shall include each outpatient facility
1-16 which is located apart from the hospital and for which the hospital
1-17 has submitted to the department:
1-18 (1) a copy of a fire safety survey that is dated no
1-19 earlier than one year prior to the submission date indicating
1-20 approval by the local fire authority in whose jurisdiction the
1-21 outpatient facility is located, provided that an outpatient
1-22 facility located outside the jurisdiction of a local fire authority
1-23 shall provide a copy of a fire safety survey indicating approval
1-24 from the nearest fire authority; or
2-1 (2) if the hospital is accredited by the Joint
2-2 Commission on Accreditation of Healthcare Organizations or the
2-3 American Osteopathic Association, a copy of documentation from the
2-4 accrediting body showing that the outpatient facility is included
2-5 within the hospital's accreditation.
2-6 (e) Subsection (d) applies only if the United States
2-7 Department of Health and Human Services, Health Care Financing
2-8 Administration, Office of Inspector General, adopts interim or
2-9 final rules requiring state licensure of outpatient facilities as a
2-10 condition of a designation as a Medicare provider-based entity.
2-11 (f) A license may not be transferred or assigned without the
2-12 written approval of the department.
2-13 (g) [(e)] A license shall be posted in a conspicuous place
2-14 on the licensed premises.
2-15 SECTION 2. This Act takes effect September 1, 1999.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.