1-1 By: Zaffirini S.B. No. 1292
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Human Services;
1-4 April 6, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 6, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1292 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to monitoring the financial condition of certain nursing
1-11 facilities licensed by the Texas Department of Human Services;
1-12 providing a penalty.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (a), Section 242.061, Health and
1-15 Safety Code, is amended to read as follows:
1-16 (a) The department, after providing notice and opportunity
1-17 for a hearing to the applicant or license holder, may deny,
1-18 suspend, or revoke a license if the department finds that the
1-19 applicant, the license holder, or any other person described by
1-20 Section 242.032(d) has:
1-21 (1) violated this chapter or a rule, standard, or
1-22 order adopted or license issued under this chapter in either a
1-23 repeated or substantial manner; [or]
1-24 (2) committed any act described by Sections
1-25 242.066(a)(2)-(6); or
1-26 (3) failed to comply with Section 242.074.
1-27 SECTION 2. Subchapter C, Chapter 242, Health and Safety
1-28 Code, is amended by adding Section 242.074 to read as follows:
1-29 Sec. 242.074. NOTIFICATION OF CHANGE IN FINANCIAL CONDITION.
1-30 (a) An institution shall notify the department of a significant
1-31 change in the institution's financial position, cash flow, or
1-32 results of operation that could adversely affect the institution's
1-33 delivery of essential services, including nursing services, dietary
1-34 services, and utilities, to residents of the institution.
1-35 (b) The department may investigate the financial soundness
1-36 of an institution. As part of its investigation, the department
1-37 may issue a subpoena to obtain the financial records of the
1-38 institution.
1-39 (c) A person that knowingly files false information under
1-40 this section may be prosecuted under the Penal Code.
1-41 SECTION 3. This Act takes effect September 1, 1999.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *