By: Moncrief S.B. No. 1221
99S0735/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to dispute resolution procedures involving certain nursing
1-2 facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 242.061, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 242.061. Denial, Suspension, or Revocation of License.
1-7 (a) The department, after providing notice and opportunity for a
1-8 hearing to the applicant or license holder, may deny, suspend, or
1-9 revoke a license if the department finds that the applicant, the
1-10 license holder, or any other person described by Section 242.032(d)
1-11 has:
1-12 (1) violated this chapter or a rule, standard, or
1-13 order adopted or license issued under this chapter in either a
1-14 repeated or substantial manner; or
1-15 (2) committed any act described by Sections
1-16 242.066(a)(2)-(6).
1-17 (b) The status of a person as an applicant for a license or
1-18 a license holder is preserved until final disposition of the
1-19 contested matter, except as the court having jurisdiction of a
1-20 judicial review of the matter may order in the public interest for
1-21 the welfare and safety of the residents. A court having
1-22 jurisdiction of a judicial review of the matter may not order
1-23 arbitration, whether upon motion of any party or upon the court's
1-24 own motion, as a means to resolve any dispute involving an alleged
2-1 violation under this section.
2-2 (c) The department may deny, suspend, or revoke the license
2-3 of an institution if any person described by Section 242.032(d) has
2-4 been excluded from holding a license under Section 242.0615.
2-5 SECTION 2. Section 242.062, Health and Safety Code, is
2-6 amended to read as follows:
2-7 Sec. 242.062. Emergency Suspension or Closing Order.
2-8 (a) The department shall suspend an institution's license or order
2-9 an immediate closing of part of the institution if:
2-10 (1) the department finds the institution is operating
2-11 in violation of the standards prescribed by this chapter; and
2-12 (2) the violation creates an immediate threat to the
2-13 health and safety of a resident.
2-14 (b) The board by rule shall provide for the placement of
2-15 residents during the institution's suspension or closing to ensure
2-16 their health and safety.
2-17 (c) An order suspending a license or closing a part of an
2-18 institution under this section is immediately effective on the date
2-19 on which the license holder receives written notice or a later date
2-20 specified in the order.
2-21 (d) An order suspending a license or ordering an immediate
2-22 closing of a part of an institution is valid for 10 days after the
2-23 effective date of the order.
2-24 (e) A court having jurisdiction of a judicial review of an
2-25 order suspending a license or ordering an immediate closing of a
2-26 part of an institution may not order arbitration, whether upon
3-1 motion of any party or upon the court's own motions:
3-2 (1) as a means to resolve any dispute involving an
3-3 alleged violation under this section; or
3-4 (2) in an instance in which an action under Section
3-5 242.094 has already commenced involving the assessment of a civil
3-6 penalty to be determined by a court in the county in which the
3-7 action under Section 242.094 was filed.
3-8 SECTION 3. Section 242.072, Health and Safety Code, is
3-9 amended to read as follows:
3-10 Sec. 242.072. Other Remedies. (a) If the commissioner
3-11 finds that an institution has committed an act for which a civil
3-12 penalty may be imposed under Section 242.065, the commissioner may,
3-13 as appropriate under the circumstances, order the institution to
3-14 immediately suspend admissions.
3-15 (b) A suspension of admissions ordered under Subsection (a)
3-16 is effective on the date a representative of the institution
3-17 receives notice of the order and of the manner in which the order
3-18 may be appealed. The department must provide an opportunity for a
3-19 hearing with respect to an appeal of the order not later than the
3-20 14th day after the date the suspension becomes effective.
3-21 (c) During the period that an institution is ordered to
3-22 suspend admissions, the institution shall post a notice of the
3-23 suspension on all doors providing ingress to and egress from the
3-24 institution. The notice shall be posted in the form required by
3-25 the department.
3-26 (d) A person commits an offense if the person knowingly:
4-1 (1) violates Subsection (c); or
4-2 (2) removes a notice posted under Subsection (c)
4-3 before the facility is allowed to admit residents.
4-4 (e) An offense under Subsection (d) is a Class C
4-5 misdemeanor.
4-6 (f) A court having jurisdiction of a judicial review of an
4-7 ordering suspending admissions may not order arbitration, whether
4-8 upon motion of any party or upon the court's own motion, as a means
4-9 to resolve any dispute involving an alleged violation under this
4-10 section.
4-11 SECTION 4. The changes in law made by this Act apply only to
4-12 a cause of action that accrues on or after the effective date of
4-13 this Act. A cause of action that accrues before the effective date
4-14 of this Act is governed by the law in effect on the date the cause
4-15 of action accrues, and that law is continued in effect for that
4-16 purpose.
4-17 SECTION 5. This Act takes effect September 1, 1999.
4-18 SECTION 6. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.