By Harris S.B. No. 1083
77R8313 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain nursing institutions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 242.037, Health and Safety Code, is
1-5 amended by adding Subsection (i) to read as follows:
1-6 (i) The department shall identify in its rules each
1-7 violation of a rule or standard for which a penalty may be assessed
1-8 under this chapter or in accordance with Chapter 32, Human
1-9 Resources Code.
1-10 SECTION 2. Section 242.0445, Health and Safety Code, is
1-11 amended by amending Subsections (a) and (b) and adding Subsections
1-12 (d) and (e) 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, or in accordance with Chapter 32, Human
1-16 Resources Code, shall:
1-17 (1) list each violation of a law or rule on a form
1-18 designed by the department for inspections; [and]
1-19 (2) identify the specific law or rule the institution
1-20 [facility] violated; and
1-21 (3) if the institution is denied a right to correct
1-22 the violation, identify the specific reason under Section
1-23 242.0665(b) for the denial.
1-24 (b) At the conclusion of an inspection, survey, or
2-1 investigation under Section 242.043 or 242.044, or in accordance
2-2 with Chapter 32, Human Resources Code, the department or the
2-3 department's representative conducting the inspection, survey, or
2-4 investigation shall discuss the violations with the facility's
2-5 management in an exit conference. The department or the
2-6 department's representative shall leave official notice [a written
2-7 list] of the violations with the facility at the time of the exit
2-8 conference. The official notice must include a written list of the
2-9 violations and a list of recommendations for the facility's plan to
2-10 correct the violations. If the department or the department's
2-11 representative discovers any additional violations during the
2-12 review of field notes or preparation of the official final list,
2-13 the department or the department's representative shall give the
2-14 facility an additional exit conference regarding the additional
2-15 violations.
2-16 (d) Not later than 24 hours before the time scheduled for
2-17 the exit conference, a facility may provide to the department's
2-18 representative additional documentation to demonstrate a violation
2-19 identified in the inspection, survey, or investigation has not
2-20 occurred.
2-21 (e) The department may not impose a penalty or remedy under
2-22 this chapter or in accordance with Chapter 32, Human Resources
2-23 Code, for a violation identified or confirmed in an inspection,
2-24 survey, or investigation under Section 242.043 or 242.044, or in
2-25 accordance with Chapter 32, Human Resources Code, unless the
2-26 violation is included in the official notice required by Subsection
2-27 (b).
3-1 SECTION 3. Subchapter B, Chapter 242, Health and Safety
3-2 Code, is amended by adding Section 242.0447 to read as follows:
3-3 Sec. 242.0447. DUTIES OF REPRESENTATIVES. The department
3-4 shall adopt written policies requiring representatives of the
3-5 department to treat the residents of the institution and the
3-6 institution's staff with courtesy, consideration, and respect when
3-7 conducting an inspection, survey, or investigation under Section
3-8 242.043 or 242.044 or in accordance with Chapter 32, Human
3-9 Resources Code.
3-10 SECTION 4. Section 242.066, Health and Safety Code, is
3-11 amended by adding Subsection (i) to read as follows:
3-12 (i) The department may impose only one administrative
3-13 penalty for each violation identified or confirmed in an
3-14 inspection, survey, or investigation.
3-15 SECTION 5. Section 242.0665, Health and Safety Code, is
3-16 amended by amending Subsection (b) and adding Subsection (d) to
3-17 read as follows:
3-18 (b) Subject to Subsection (d), Subsection (a) does not
3-19 apply:
3-20 (1) to a violation that the department determines:
3-21 (A) results in serious harm to or death of a
3-22 resident;
3-23 (B) constitutes a serious threat to the health
3-24 or safety of a resident; or
3-25 (C) substantially limits the institution's
3-26 capacity to provide care;
3-27 (2) to a violation described by Sections
4-1 242.066(a)(2)-(6);
4-2 (3) to a violation of Section 242.133 or 242.1335; or
4-3 (4) to a violation of a right of a resident adopted
4-4 under Subchapter L.
4-5 (d) The department may not deny a right to correct unless
4-6 actual harm to a resident has been identified with respect to a
4-7 violation described by Subsection (b).
4-8 SECTION 6. Section 242.070, Health and Safety Code, is
4-9 amended to read as follows:
4-10 Sec. 242.070. APPLICATION OF OTHER LAW. The department may
4-11 not assess more than one monetary penalty under this chapter for a
4-12 violation arising out of the same act or failure to act, except as
4-13 provided by Section 242.0665(c). The [This section does not
4-14 prohibit the] department may not assess [from assessing] a monetary
4-15 penalty under this chapter and a monetary penalty under Chapter 32,
4-16 Human Resources Code, for the same act or failure to act.
4-17 SECTION 7. (a) This Act takes effect September 1, 2001.
4-18 (b) The change in law made by this Act to Sections 242.066
4-19 and 242.0665, Health and Safety Code, applies only to the
4-20 assessment of an administrative penalty commenced under Subchapter
4-21 C, Chapter 242, Health and Safety Code, on or after the effective
4-22 date of this Act. The assessment of an administrative penalty
4-23 commenced before the effective date of this Act is governed by the
4-24 law in effect immediately before that date, and that law is
4-25 continued in effect for that purpose.