By Moncrief                                           S.B. No. 1376
         77R9367 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to amelioration of convalescent and nursing home
 1-3     violations; waiving the right to an administrative hearing.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 242.071, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 242.071.  AMELIORATION OF VIOLATION. (a)  In lieu of
 1-8     ordering payment of the administrative penalty under Section
 1-9     242.069, the commissioner may allow [require] the person to use,
1-10     under the supervision of the department, any portion of the penalty
1-11     to ameliorate the violation or to improve services, other than
1-12     administrative services, in the institution affected by the
1-13     violation.
1-14           (b)  The department shall offer amelioration to a person for
1-15     a charged violation if the department determines that the violation
1-16     does not constitute immediate jeopardy to the health and safety of
1-17     an institution resident.
1-18           (c)  The department may not offer amelioration to a person
1-19     if:
1-20                 (1)  the person has been charged with a violation which
1-21     is subject to correction under Section 242.0665; or
1-22                 (2)  the department determines that the charged
1-23     violation constitutes immediate jeopardy to the health and safety
1-24     of an institution resident.
 2-1           (d)  The department shall offer amelioration to a person
 2-2     under this section not later than the 10th day after the date the
 2-3     person receives from the department a final notification of
 2-4     assessment of administrative penalty that is sent to the person
 2-5     after an informal dispute resolution process but before an
 2-6     administrative hearing under Section 242.068.
 2-7           (e)  A person to whom amelioration has been offered must file
 2-8     a plan for amelioration not later than the 45th day after the date
 2-9     the person receives the offer of amelioration from the department.
2-10     In submitting the plan, the person must agree to waive the person's
2-11     right to an administrative hearing under Section 242.068 if the
2-12     department approves the plan.
2-13           (f)  At a minimum, a plan for amelioration must:
2-14                 (1)  propose changes to the management or operation of
2-15     the institution that will improve services to or quality of care of
2-16     residents of the institution;
2-17                 (2)  identify, through measurable outcomes, the ways in
2-18     which and the extent to which the proposed changes will improve
2-19     services to or quality of care of residents of the institution;
2-20                 (3)  establish clear goals to be achieved through the
2-21     proposed changes;
2-22                 (4)  establish a time line for implementing the
2-23     proposed changes; and
2-24                 (5)  identify specific actions necessary to implement
2-25     the  proposed changes.
2-26           (g)  A plan for amelioration may include proposed changes to:
2-27                 (1)  improve staff recruitment and retention;
 3-1                 (2)  offer or improve dental services for residents;
 3-2     and
 3-3                 (3)  improve the overall quality of life for residents.
 3-4           (h)  The department may require that an amelioration plan
 3-5     propose changes that would result in conditions that exceed the
 3-6     requirements of this chapter or the rules adopted under this
 3-7     chapter.
 3-8           (i)  The department shall approve or deny an amelioration
 3-9     plan not later than the 45th day after the date the department
3-10     receives the plan.  On approval of a person's plan, the department
3-11     shall deny a pending request for a hearing submitted by the person
3-12     under Section 242.067(d).
3-13           (j)  The department may not offer amelioration to a person:
3-14                 (1)  more than three times in a two-year period; or
3-15                 (2)  more than one time in a two-year period for the
3-16     same or similar violation.
3-17           (k)  In this section, "immediate jeopardy to health and
3-18     safety" means a situation in which there is a high probability that
3-19     serious harm or injury to a resident could occur at any time or
3-20     already has occurred and may occur again if the resident is not
3-21     protected from the harm or if the threat is not removed.
3-22           SECTION 2. This Act takes effect September 1, 2001, and
3-23     applies only to a violation that occurs on or after that date. A
3-24     violation that occurs before the effective date of this Act is
3-25     covered by the law in effect on the date the violation occurred,
3-26     and the former law is continued in effect for that purpose.