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1-20     repealed.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.