1-1 AN ACT
1-2 relating to requiring the Texas Department of Human Services to
1-3 establish criteria for designating nursing facility operators with
1-4 excellent operating records as eligible to acquire a license to
1-5 operate another existing nursing facility on an expedited basis.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter B, Chapter 242, Health and Safety
1-8 Code, is amended by adding Section 242.0335 to read as follows:
1-9 Sec. 242.0335. EXPEDITED ISSUANCE OF CHANGE OF OWNERSHIP
1-10 LICENSE TO CERTAIN CURRENT LICENSE HOLDERS. (a) The department
1-11 shall maintain, and keep current, a list of license holders that
1-12 operate an institution in this state and that have excellent
1-13 operating records according to the information available to the
1-14 department. The department by rule shall establish specific
1-15 criteria for designating a license holder as eligible for the list.
1-16 (b) The department shall establish a procedure under which a
1-17 listed license holder may be granted expedited approval in
1-18 obtaining a change of ownership license to operate another existing
1-19 institution in this state. The procedure may involve allowing a
1-20 listed license holder to submit an affidavit demonstrating that the
1-21 license holder continues to meet the criteria for being listed and
1-22 continues to meet the requirements described by Subsection (c).
1-23 (c) An applicant for a change of ownership license must meet
1-24 all applicable requirements that an applicant for renewal of a
1-25 license must meet under this subchapter, including under Section
2-1 242.032(d), and under rules that the department has adopted under
2-2 this subchapter. Any requirement relating to inspections or to an
2-3 accreditation review applies only to institutions operated by the
2-4 license holder at the time the application is made for the change
2-5 of ownership license.
2-6 SECTION 2. (a) This Act takes effect September 1, 2001.
2-7 (b) The Texas Department of Human Services shall adopt rules
2-8 under Section 242.0335, Health and Safety Code, as added by this
2-9 Act, on or before March 1, 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 772 passed the Senate on
April 18, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 772 passed the House on
May 16, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor