HBA-MPM S.B. 279 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 279
By: Nelson
Public Health
5/15/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Health's (TDH) regulatory review has
identified enabling statutes for health facility regulatory programs that
lack license probation and emergency suspension as sanction options.  A
specified probation time would give a health care facility the opportunity
to correct violations before the facility's license is suspended or
revoked.  Senate Bill 279 authorizes TDH to place certain health care
facilities on probation and provides for the immediate suspension of an end
stage renal disease facility's license without a hearing if the facility's
lack of compliance poses a danger to public health.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 279 amends the Health and Safety Code to authorize the Texas
Department of Health (TDH) to schedule a hospital, ambulatory surgical
center, birthing center, abortion facility, special care facility, end
stage renal disease facility, or private mental hospital or mental facility
(facility)for probation rather than suspending or revoking the facility's
license if TDH finds that the facility is in repeated noncompliance with
applicable state law but that the noncompliance does not endanger public
health and safety. TDH is required to provide notice to the facility of the
probation and items of noncompliance no later than the 10th day before the
date the probation period begins.  TDH is required to designate a period of
at least 30 days during which the facility will remain under probation.
The bill provides that the facility must correct the items of noncompliance
during the probation period and report the corrections to TDH for approval.
TDH is authorized to suspend or revoke the license of a facility that does
not correct the items that were in noncompliance or that does not comply
with the applicable requirements during the probation period (Secs.
241.053, 243.011, 244.011, 245.012, 248.051, 251.062, and 577.016). 

S.B. 279 authorizes TDH to issue an emergency order to suspend an end stage
renal disease facility license if TDH has reasonable cause to believe that
the conduct of the license holder creates an immediate danger to public
health and safety.  The bill provides that an emergency suspension is
effective immediately without a hearing or notice to the license holder. On
written request of the license holder, TDH is required to conduct a hearing
between 10 and 30 days after the hearing request is received to determine
if the emergency suspension is to be continued, modified, or rescinded.
The bill provides that the hearing and any appeal are governed by TDH's
rules for a contested case hearing and the Administrative Procedure Act
(Sec. 251.0621). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.