HBA-EDN S.B. 1376 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1376
By: Moncrief
Human Services
5/16/2001
Engrossed



BACKGROUND AND PURPOSE 

Amelioration is an enforcement mechanism available to the Department of
Human Services (DHS) as an alternative to an administrative hearing to
address a violation; however, DHS has only exercised this option once in
four years.  Senate Bill 1376 offers amelioration for any violation that
does not constitute immediate jeopardy to the health and safety of a
resident of a convalescent and nursing home or intermediate care facility
and sets forth guidelines for what an amelioration plan must include. 

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 1376 amends the Health and Safety Code to modify provisions
relating to amelioration of violations by convalescent and nursing homes
and related institutions (nursing home) and intermediate care facilities
for the mentally retarded (ICF-MRs).  The bill authorizes the commissioner
of human services (commissioner) or the Texas Department of Human Services
(DHS) as applicable, in lieu of demanding payment of an administrative
penalty, to allow the person to use any portion of the penalty to
ameliorate the violation or to improve services in the affected nursing
home or ICF-MR.  The bill requires DHS to offer amelioration to a person
for a charged violation if DHS determines that the violation does not
constitute immediate jeopardy to the health and safety of a resident and
prohibits DHS from offering amelioration if DHS determines that the charged
violation constitutes immediate jeopardy to a resident. The bill also
prohibits DHS from offering amelioration for a nursing home violation if
the person has been charged with a violation which is subject to the right
to correction provisions.  The bill requires DHS to offer amelioration to a
person not later than the 10th day after the date the person receives a
final notification of assessment of administrative penalty after an
informal dispute resolution process.  A person to whom amelioration has
been offered must file a plan for amelioration not later than the 45th day
after the person receives the offer.  In submitting the plan, the person
must agree to waive the person's right to an administrative hearing if DHS
approves the plan.  The bill sets forth guidelines for what an amelioration
plan must include.  The bill prohibits DHS from offering amelioration to a
person more than one time in a twoyear period for the same or a similar
violation or more than three times in a two-year period. 

EFFECTIVE DATE

September 1, 2001.