SRC-JEC S.B. 1083 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1083
77R8313 YDB-DBy: Harris
Health & Human Services
3/27/2001
As Filed


DIGEST AND PURPOSE 

Current statutes require the Texas Department of Human Services
(department) to regulate nursing facilities.  As proposed, S.B. 1083
clarifies and strengthens the due process requirements relating to the
department's licensing, inspection, survey, investigation, and enforcement
functions. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 1 (Section 242.037, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.037, Health and Safety Code, by adding
Subsection (i) to require the Texas Department of Human Services
(department) to identify in its rules each violation of a rule or standard
for which a penalty may be assessed under this chapter or in accordance
with Chapter 32 (Medical Assistance Program), Human Resources Code. 

SECTION 2.  Amends Section 242.0445, Health and Safety Code, by amending
Subsections (a) and (b) and adding Subsections (d) and (e), as follows: 

(a)  Requires the department or the department's representative conducting
an inspection, survey, or investigation under Section 242.043 or 242.044,
or in accordance with Chapter 32, Human Resources Code, to list each
violation of a law or rule on a form designed by the department for
inspections; identify the specific law or rule the institution, rather than
facility, violated; and if the institution is denied a right to correct the
violation, identify the specific reason under Section 242.0665(b) for the
denial. 

(b)  After a certain inspection, survey, or investigation, requires the
department or department's representative to leave official notice, rather
than a written list, of the violations with the facility at the time of the
exit conference.  Requires the official notice to include a written list of
the violations and a list of recommendations for the facility's plan to
correct the violations.  Makes a conforming change. 

(d)  Authorizes a facility, not later than 24 hours before the time
scheduled for the exit conference, to provide to the department's
representative additional documentation to demonstrate that a violation
identified in the inspection, survey, or investigation has not occurred. 

(e)  Prohibits the department from imposing a penalty or remedy under this
chapter or in accordance with Chapter 32, Human Resources Code, for a
violation identified or confirmed in an inspection, survey, or
investigation under Section 242.043 or 242.044, or in accordance with
Chapter 32, Human Resources Code, unless the violation is included in the
official notice required by Subsection (b). 

 SECTION 3.  Amends Chapter 242B, Health and Safety Code, by adding Section
242.0447, as follows: 

Sec. 242.0447.  DUTIES OF REPRESENTATIVES.  Requires the department to
adopt written policies requiring representatives of the department to treat
the residents of the institution and the institution's staff with courtesy,
consideration, and respect when conducting an inspection, survey, or
investigation under Section 242.043 or 242.044 or in accordance with
Chapter 32, Human Resources Code. 

SECTION 4.  Amends Section 242.066, Health and Safety Code, by adding
Subsection (i) to authorize the department to impose only one
administrative penalty for each violation identified or confirmed in an
inspection, survey, or investigation.  

SECTION 5.  Amends Section 242.0665, Health and Safety Code, by amending
Subsection (b) and adding Subsection (d), as follows: 

(b)  Provides that subject to Subsection (d), Subsection (a) does not apply
to certain violations. 

(d)  Prohibits the department from denying a right to correct unless actual
harm to a resident has been identified with respect to a violation
described by Subsection (b). 

SECTION 6.  Amends Section 242.070, Health and Safety Code, to prohibit the
department from assessing a monetary penalty under this chapter and a
monetary penalty under Chapter 32, Human Resources Code, for the same act
or failure to act.  Deletes text regarding a monetary penalty not being
prohibited. 

SECTION 7.   Effective date: September 1, 2001.
Makes application of the change in law made by this Act to Sections 242.066
and 242.0665, Health and Safety Code, regarding the assessment of an
administrative penalty, prospective.