By Naishtat H.B. No. 481
77R2938 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to amelioration of convalescent and nursing home
1-3 violations; waiving right to hearing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 242, Health and Safety
1-6 Code, is amended by adding Section 242.0675 to read as follows:
1-7 Sec. 242.0675. AMELIORATION OF VIOLATION. (a) After
1-8 receipt of notice of a violation under Section 242.067(c), a person
1-9 charged with a violation other than a violation subject to
1-10 correction under Section 242.0665 may submit to the department a
1-11 plan to use any portion of the penalty to ameliorate the violation
1-12 or to improve services, other than administrative services, in the
1-13 facility affected by the violation. If the department approves the
1-14 amelioration plan, the person charged with the violation shall
1-15 agree to waive the right to an administrative hearing on the
1-16 charged violation under Section 242.068.
1-17 (b) The department shall adopt rules to implement this
1-18 section.
1-19 SECTION 2. Section 242.071, Health and Safety Code, is
1-20 repealed.
1-21 SECTION 3. This Act takes effect September 1, 2001, and
1-22 applies only to a violation that occurs on or after that date. A
1-23 violation that occurs before the effective date of this Act is
1-24 governed by the law in effect on the date the violation occurred,
2-1 and the former law is continued in effect for that purpose.