1-1     By:  Harris, Zaffirini                                 S.B. No. 772
 1-2           (In the Senate - Filed February 19, 2001; February 20, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 9, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; April 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to requiring the Texas Department of Human Services to
 1-9     establish criteria for designating nursing facility operators with
1-10     excellent operating records as eligible to acquire a license to
1-11     operate another existing nursing facility on an expedited basis.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 242, Health and Safety
1-14     Code, is amended by adding Section 242.0335 to read as follows:
1-15           Sec. 242.0335.  EXPEDITED ISSUANCE OF CHANGE OF OWNERSHIP
1-16     LICENSE TO CERTAIN CURRENT LICENSE HOLDERS.  (a)  The department
1-17     shall maintain, and keep current, a list of license holders that
1-18     operate an institution in this state and that have excellent
1-19     operating records according to the information available to the
1-20     department.  The department by rule shall establish specific
1-21     criteria for designating a license holder as eligible for the list.
1-22           (b)  The department shall establish a procedure under which a
1-23     listed license holder may be granted expedited approval in
1-24     obtaining a change of ownership license to operate another existing
1-25     institution in this state.  The procedure may involve allowing a
1-26     listed license holder to submit an affidavit demonstrating that the
1-27     license holder continues to meet the criteria for being listed and
1-28     continues to meet the requirements described by Subsection (c).
1-29           (c)  An applicant for a change of ownership license must meet
1-30     all applicable requirements that an applicant for renewal of a
1-31     license must meet under this subchapter, including under Section
1-32     242.032(d), and under rules that the department has adopted under
1-33     this subchapter.  Any requirement relating to inspections or to an
1-34     accreditation review applies only to institutions operated by the
1-35     license holder at the time the application is made for the change
1-36     of ownership license.
1-37           SECTION 2.  (a)  This Act takes effect September 1, 2001.
1-38           (b)  The Texas Department of Human Services shall adopt rules
1-39     under Section 242.0335, Health and Safety Code, as added by this
1-40     Act, on or before March 1, 2002.
1-41                                  * * * * *