By: Zaffirini, Moncrief S.B. No. 37
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing a temporary nursing facility license.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 242, Health and Safety
1-5 Code, is amended by adding Section 242.0335 to read as follows:
1-6 Sec. 242.0335. TEMPORARY CHANGE OF OWNERSHIP LICENSE.
1-7 (a) For purposes of this section, a temporary change of ownership
1-8 license is a temporary license issued to an applicant who proposes
1-9 to become the new operator of an institution existing on the date
1-10 the application is filed.
1-11 (b) After receiving an application for a temporary change of
1-12 ownership license, the department shall issue a temporary license
1-13 to the applicant if, after investigation, the department finds that
1-14 the applicant and any other person described by Section 242.032(d)
1-15 meet:
1-16 (1) the requirements established under Section
1-17 242.032(c); and
1-18 (2) the department's standards for background and
1-19 qualifications under Sections 242.032(d) and (e).
1-20 (c) After the department issues a temporary change of
1-21 ownership license to the applicant, the department shall conduct an
1-22 inspection or survey of the nursing facility under Section 242.043
1-23 as soon as reasonably possible. During the period between the
1-24 issuance of the temporary license and the inspection or survey of
1-25 the nursing facility, the department may not place a hold on vendor
2-1 payments to the temporary license holder.
2-2 (d) After conducting an inspection or survey under
2-3 Subsection (c), the department shall issue a license under Section
2-4 242.033 to the temporary license holder if the nursing facility
2-5 passes the inspection or survey and meets the requirements of
2-6 Section 242.033. If the nursing facility fails to pass the
2-7 inspection or survey or meet the requirements of Section 242.033,
2-8 the department may:
2-9 (1) place a hold on vendor payments to the temporary
2-10 license holder; and
2-11 (2) take any other action authorized under this
2-12 chapter.
2-13 (e) A temporary license issued under Subsection (b) expires
2-14 on the 91st day after the date the license was issued.
2-15 SECTION 2. This Act takes effect September 1, 2001. The
2-16 change in law made by this Act applies only in relation to an
2-17 application for a change of ownership license submitted on or after
2-18 January 1, 2002. An application for a change of ownership license
2-19 submitted before January 1, 2002, is governed by the law in effect
2-20 immediately before September 1, 2001, and that law is continued in
2-21 effect for that purpose.