HBA-NRS H.B. 481 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 481
By: Naishtat
Human Services
2/10/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the commissioner of human services to require a
person to use any portion of an administrative penalty to ameliorate a
violation by redirecting the fine to improve direct care services in the
institution affected by the violation. Currently, there are no clear
guidelines in state law for the Texas Department of Human Services
(department) to follow to implement the amelioration provisions. House Bill
481 authorizes certain persons charged with a violation to submit to the
department a plan to use any portion of the penalty to ameliorate the
violation or to improve direct care services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Section 242.0675, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 481 amends the Health and Safety Code relating to the
amelioration of a violation involving convalescent and nursing homes and
related institutions. The bill authorizes a person charged with a violation
other than a violation subject to correction to submit to the Texas
Department of Human Services (department) a plan to use any portion of the
penalty to ameliorate the violation or to improve services, other than
administrative services, in the facility affected by the violation after
the person charged with the violation receives written notice of the
department's preliminary violation report. If the department approves the
amelioration plan, the bill requires the person charged with the violation
to agree to waive the right to an administrative hearing on the charged
violation. The bill requires the department  to adopt rules to implement
the amelioration of a violation. The bill also repeals the current
provision authorizing the commissioner of human services to use any portion
of the penalty to ameliorate the violation. 

EFFECTIVE DATE

September 1, 2001.