SRC-MKV S.B. 279 77(R)BILL ANALYSIS


Senate Research CenterS.B. 279
By: Nelson
Health & Human Services
6/18/2001
Enrolled


DIGEST AND PURPOSE 
 
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. S.B. 279 increases
the range of sanctions, providing these programs with greater flexibility
to bring individuals into compliance. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 241.051, Health and Safety Code, by adding
Subsection (f) to provide that information obtained or compiled by the
department in connection with a complaint or investigation that is
confidential by law remains confidential and is not subject to disclosure
under Chapter 552, Government Code.  

SECTION 2.  Amends Section 241.053, Health and Safety Code, as follows:

New heading: DENIAL OF APPLICATION, SUSPENSION, REVOCATION, PROBATION, OR
REISSUANCE OF LICENSE. 

(f) Authorizes the Texas Department of Health (department) to schedule a
hospital for probation rather than suspending or revoking the hospital's
license if the department finds that a hospital is in repeated
noncompliance under Subsection (a) but that the noncompliance does not
endanger public health and safety.  Requires the department to provide
notice to the hospital of the probation and of the items of noncompliance
before the 10th day before the date the probation period begins.  Requires
the department to designate a period of not less than 30 days during which
the hospital will remain under probation.  Requires the hospital to correct
the items that were in noncompliance and report them to the department for
approval. 

(g) Authorizes the department to suspend or revoke the license of a
hospital that does not correct the noncompliance items or that does not
comply with the applicable requirements within the probation period. 

SECTION 3.  Amends Section 243.011, Health and Safety Code, as follows:

New heading: DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.

  (c) Makes a conforming change relating to ambulatory surgical centers.

   (d) Makes a conforming change relating to ambulatory surgical centers.

SECTION 4.  Amends Section 244.011, Health and Safety Code, as follows:

New heading: DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.

  (c) Makes a conforming change relating to birthing centers.

  (d) Makes a conforming change relating to birthing centers.

SECTION 5.  Amends Section 245.012, Health and Safety Code, as follows:

 New heading: DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF 
 LICENSE.

  (d) Makes a conforming change relating to abortion facilities.

  (e) Makes a conforming change relating to abortion facilities.

SECTION 6.  Amends Section 248.051, Health and Safety Code, as follows:

New heading: DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.

  (c) Makes a conforming change relating to special care facilities.

  (d) Makes a conforming change relating to special care facilities.

SECTION 7.  Amends Section 251.062, Health and Safety Code, as follows:

New heading: DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.

  (c) Makes a conforming change relating to end stage renal disease
facilities. 

  (d) Makes a conforming change relating to end stage renal disease
facilities. 

SECTION 8.  Amends Chapter 251E, Health and Safety Code, by adding Section
251.0621, as follows:  

Sec. 251.0621.  EMERGENCY SUSPENSION.  Authorizes the department to issue
an emergency order to suspend a license issued under this section if the
department has reasonable cause to believe that the conduct of a license
holder creates an immediate danger to the public health and safety.
Provides that an emergency suspension is effective immediately without a
hearing on notice to the license holder.  Requires the department to
conduct a hearing not earlier than the 10th day or later than the 30th day
after the date the hearing request is received to determine if the
emergency suspension is to be continued, modified, or rescinded, on written
request of the license holder.  Provides that the hearing and any appeal
are governed by the department's rules for a contested case hearing and
Chapter 2001 (Administrative Procedure), Government Code. 

SECTION 9.  Amends Section 577.013, Health and Safety Code, by adding
Subsection (f) to provide that information obtained or compiled by the
department in connection with a complaint or investigation that is
confidential by law remains confidential and is not subject to disclosure
under Chapter 552,  Government Code.  

SECTION 10.  Amends Section 577.016, Health and Safety Code, as follows:

New heading: DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.

(f) Authorizes the department to schedule a private mental hospital or
mental health facility for probation rather than suspending or revoking the
hospital's or facility's license, if the department finds that a hospital
or facility is in repeated noncompliance under Subsection (a) but that the
noncompliance does not endanger public health and safety.  Requires the
department to provide notice to the hospital or facility of the probation
and of the items of noncompliance before the 10th day before the date the
probation period begins.  Requires the department to designate a period of
not less than 30 days during which the hospital or facility will remain
under probation.  Requires the hospital or facility to correct the items
that are in noncompliance and to report them to the department for
approval. 

(g) Authorizes the department to suspend or revoke the license of a private
mental hospital or mental health facility that does not correct the
noncompliance items or that does not comply with the applicable
requirements within the probation period. 


SECTION 11. Repealers: Sections 241.051(d) and (e), Health and Safety Code,
and Sections 577.013(d) and (e), Health and Safety Code. 

SECTION 12.  (a) Effective date: upon passage or September 1, 2001, except
as provided by Subsection (b). 

(b) Provides that the changes in law made by this Act to Sections 241.051
and 577.013, Health and Safety Code, take effect September 1, 2001.