SRC-JEC S.B. 1376 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1376
By: Moncrief
Health & Human Services
6/15/2001
Enrolled


DIGEST AND PURPOSE 

Amelioration is an enforcement mechanism available to the Department of
Human Services (department) as an alternative to an administrative hearing
to address a violation; however, the department has only exercised this
option once in four years.  S.B. 1376 offers amelioration for any violation
that does not constitute immediate jeopardy to the health and safety of a
resident of an institution.  It also sets forth procedures for establishing
an amelioration plan and dismisses any administrative appeal if the
amelioration plan is approved. 

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 242.071, Health and Safety Code, as follows:

Sec. 242.071.  AMELIORATION OF VIOLATION. (a)  Authorizes the commissioner
of human services (commissioner), in lieu of demanding, rather than
ordering, payment of an administrative penalty assessed under Section
242.066, rather than 242.069, in accordance with this section, to allow,
rather than require, the person to use, under the supervision of the Texas
Department of Human Services (department), any portion of the penalty to
ameliorate the violation or to improve services, other than administrative
services, in the institution affected by the violation. 

(b)  Requires the department to offer amelioration to a person for a
charged violation if the department determines that the violation does not
constitute immediate jeopardy to the health and safety of an institution
resident. 

  (c)  Prohibits the department from offering amelioration to a person if:

(1)  the person has been charged with a violation which is subject to
correction under Section 242.0665; or 

(2)  the department determines that the charged violation constitutes
immediate jeopardy to the health and safety of an institution resident. 

(d)  Requires the department to offer amelioration to a person under this
section not later than the 10th day after the date the person receives from
the department a final notification of assessment of administrative penalty
that is sent to the person after an informal dispute resolution process but
before an administrative hearing under Section 242.068. 

(e)  Requires person to whom amelioration has been offered to file a plan
for  amelioration not later than the 45th day after the date the person
receives the offer of amelioration from the department.  Requires the
person, in submitting the plan, to agree to waive the person's right to an
administrative hearing under Section 242.068 if the department approves the
plan. 

  (f)  Sets forth minimum standards for a plan for amelioration.
  
  (g)  Sets forth proposed changes that may be included in a plan for
amelioration.  
  
(h)  Authorizes the department to require that an amelioration plan propose
changes that would result in conditions that exceed the requirements of
this chapter or the rules adopted under this chapter. 

(i)  Requires the department to approve or deny an amelioration plan not
later than the 45th day after the date the department receives the plan.
Requires the department, on approval of a person's plan, to deny a pending
request for a hearing submitted by the person under Section 242.067(d). 

(j)  Prohibits the department from offering amelioration to a person more
than three times in a two-year period or more than one time in a two-year
period for the same or similar violation. 

  (k)  Defines "immediate jeopardy to health and safety."

SECTION 2.  Amends Section 252.071, Health and Safety Code, to apply to
intermediate care facilities the same standards regarding amelioration of
violations as apply to nursing and convalescent homes under Section
242.071, Health and Safety Code. 
 
SECTION 3.   Effective date: September 1, 2001.
  Makes application of this Act prospective.