By Deshotel H.B. No. 977
77R1104 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of convalescent homes, nursing homes,
1-3 and related institutions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 242.037, Health and Safety Code, is
1-6 amended by adding Subsection (i) to read as follows:
1-7 (i) The department shall identify in its rules each
1-8 violation of a rule or standard for which a penalty may be assessed
1-9 under this chapter or in accordance with Chapter 32, Human
1-10 Resources Code.
1-11 SECTION 2. Section 242.0445(a), Health and Safety Code, is
1-12 amended to read as follows:
1-13 (a) The department or the department's representative
1-14 conducting an inspection, survey, or investigation under Section
1-15 242.043 or 242.044 shall:
1-16 (1) list each violation of a law or rule on a form
1-17 designed by the department for inspections; [and]
1-18 (2) identify the specific law or rule the institution
1-19 [facility] violated; and
1-20 (3) if the institution is denied a right to correct
1-21 the violation, identify the specific reason under Section
1-22 242.0665(b) for the denial.
1-23 SECTION 3. Subchapter B, Chapter 242, Health and Safety
1-24 Code, is amended by adding Sections 242.0447 and 242.0448 to read
2-1 as follows:
2-2 Sec. 242.0447. DUTIES OF REPRESENTATIVES. The department
2-3 shall adopt written policies requiring representatives of the
2-4 department to treat the residents of the institution and the
2-5 institution's staff with courtesy, consideration, and respect when
2-6 conducting an inspection, survey, or investigation under Section
2-7 242.043 or 242.044 or in accordance with Chapter 32, Human
2-8 Resources Code.
2-9 Sec. 242.0448. INTERNAL AFFAIRS OFFICE. (a) The department
2-10 shall establish an internal affairs office to investigate
2-11 complaints by institutions made in connection with an inspection,
2-12 survey, or investigation under Section 242.043 or 242.044 or in
2-13 accordance with Chapter 32, Human Resources Code.
2-14 (b) An institution inspected, surveyed, or investigated by
2-15 the department or a representative of the department may report a
2-16 suspected violation of department policies adopted under Section
2-17 242.0447 to the internal affairs office.
2-18 (c) The internal affairs office shall investigate complaints
2-19 received from institutions regulated under this chapter.
2-20 (d) A representative of the department may not retaliate
2-21 against an institution for filing a complaint with the department's
2-22 internal affairs office under Subsection (b). A representative of
2-23 the department who violates this subsection may not inspect,
2-24 survey, or investigate the institution after the date the
2-25 department determines that the violation occurred.
2-26 SECTION 4. Section 242.066, Health and Safety Code, is
2-27 amended by amending Subsection (e) and adding Subsection (i) to
3-1 read as follows:
3-2 (e) In determining the amount of a penalty, the department
3-3 shall consider any matter that justice may require, including:
3-4 (1) the gradations of penalties established under
3-5 Subsection (d);
3-6 (2) the seriousness of the violation, including the
3-7 nature, circumstances, extent, and gravity of the prohibited act
3-8 and the hazard or potential hazard created by the act to the health
3-9 or safety of the public;
3-10 (3) the history of previous violations;
3-11 (4) deterrence of future violations; [and]
3-12 (5) efforts to correct the violation; and
3-13 (6) the cash flow and financial condition of the
3-14 facility.
3-15 (i) The department may impose only one administrative
3-16 penalty for each violation identified or confirmed in an
3-17 inspection, survey, or investigation.
3-18 SECTION 5. Section 242.0665, Health and Safety Code, is
3-19 amended by amending Subsection (b) and adding Subsection (d) to
3-20 read as follows:
3-21 (b) Subject to Subsection (d), Subsection (a) does not
3-22 apply:
3-23 (1) to a violation that the department determines:
3-24 (A) results in serious harm to or death of a
3-25 resident;
3-26 (B) constitutes a serious threat to the health
3-27 or safety of a resident; or
4-1 (C) substantially limits the institution's
4-2 capacity to provide care;
4-3 (2) to a violation described by Sections
4-4 242.066(a)(2)-(6);
4-5 (3) to a violation of Section 242.133 or 242.1335; or
4-6 (4) to a violation of a right of a resident adopted
4-7 under Subchapter L.
4-8 (d) The department may not deny a right to correct unless
4-9 actual harm to a resident has been identified with respect to a
4-10 violation described by Subsection (b).
4-11 SECTION 6. Section 242.070, Health and Safety Code, is
4-12 amended to read as follows:
4-13 Sec. 242.070. APPLICATION OF OTHER LAW. The department may
4-14 not assess more than one monetary penalty under this chapter for a
4-15 violation arising out of the same act or failure to act, except as
4-16 provided by Section 242.0665(c). The [This section does not
4-17 prohibit the] department may not assess [from assessing] a monetary
4-18 penalty under this chapter and a monetary penalty under Chapter 32,
4-19 Human Resources Code, for the same act or failure to act.
4-20 SECTION 7. (a) This Act takes effect September 1, 2001.
4-21 (b) The change in law made by this Act to Sections 242.066
4-22 and 242.0665, Health and Safety Code, apply only to the assessment
4-23 of an administrative penalty commenced under Subchapter C, Chapter
4-24 242, Health and Safety Code, on or after the effective date of this
4-25 Act. The assessment of an administrative penalty commenced before
4-26 the effective date of this Act is governed by the law in effect
4-27 immediately before that date, and that law is continued in effect
5-1 for that purpose.