SRC-CTC S.B. 772 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 772
77R526 PAM-DBy: Harris
Health & Human Services
3/5/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Department of Human Services (department) is
responsible for reviewing and approving an application to operate a nursing
home in Texas.  Until the application is approved, the facility cannot
receive Medicaid and Medicare funding.  There is currently no mechanism in
place for the department to gather and use information on good nursing home
operators to enable those operators to expeditiously gain approval for a
license to operate another existing institution.  As proposed, S.B. 772
provides for the expedited approval of a change of ownership license to
current license holders that have compiled excellent operating records
according to information available to the department. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 1 (Section 242.0335, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 242B, Health and Safety Code, by adding Section
242.0335, as follows: 

Sec. 242.0335.  EXPEDITED ISSUANCE OF CHANGE OF OWNERSHIP LICENSE TO
CERTAIN CURRENT LICENSE HOLDERS.  Requires the Texas Department of Human
Services (department) to maintain and keep current a list of certain
license holders. Requires the department, by rule, to establish specific
criteria regarding eligibility for the list. Requires the department to
establish a procedure under which a listed license holder may be granted
expedited approval in obtaining a change of ownership license to operate
another existing institution in this state.  Authorizes the procedure to
involve allowing a listed license holder to submit an affidavit containing
certain information.  Provides that an applicant for a change of ownership
license must meet all applicable requirements that an applicant for renewal
of a license must meet under this subchapter, including certain sections
and rules.  Provides that any requirement relating to inspection or to an
accreditation review applies only to institutions operated by the license
holder at the time the application is made for the change of ownership
license. 

SECTION 2.  Effective date: September 1, 2001.
Requires the department to adopt rules under Section 242.0335, Health and
Safety Code, as added by this Act, on or before March 1, 2002.