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.