S.B. 1498 78(R)    BILL ANALYSIS


S.B. 1498
By: Madla
Human Services
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Home and community support services agencies (HCCSAs) provide home health,
hospice and/or 
personal assistance services to an individual in the individual's
residence or an independent 
living environment. In 1999, licensing of HCCSAs was transferred from the
Texas Department 
of Health (TDH) to the Texas Department of Human Services (DHS). Senate
Bill 1498 clarifies 
current law resulting from the transfer of licensure from TDH to DHS.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, department, 
institution, or agency.

ANALYSIS

SECTION 1. Amends Section 142.001, Health and Safety Code, by amending
Subdivisions (6), 
(13), and (22) and adding Subdivision (22-a), as follows:
(6) Redefines "certified agency."
(13) Redefines "home health services."
(22) Redefines "personal assistance service."
(22-a) Defines "personal care."

SECTION 2. Amends Section 142.002, Health and Safety Code, by adding
Subsection (f), to 
prohibit a person who is not licensed to provide personal assistance
services under this chapter 
from indicating or implying that the person is licensed to provide
personal assistance services by 
the use of the words "personal assistance services" or in any other manner.

SECTION 3. Amends Section 142.003(a), Health and Safety Code, to provide
that a person that 
provides home health, hospice, or personal assistance services only to
persons enrolled in a 
program funded wholly or partly by the Texas Department of Mental Health
and Mental 
Retardation (TDMHMR) and monitored by the TDMHMR or its designated local
authority in 
accordance with standards set by the TDMHMR or an individual who provides
home health or 
personal assistance services as the employee of a consumer or an entity or
employee of an entity 
acting as a consumer's fiscal agent under Section 531.051, Government
Code, need not be 
licensed under this chapter. Redesignates existing Subdivision (18) as
(19). 

SECTION 4. Amends Section 142.009(j), Health and Safety Code, to delete a
reference in 
existing text.

SECTION 5. Amends Sections 142.016(a) and (b), Health and Safety Code, as
follows: 
(a) Requires periodic, rather than annual, review of a memorandum of
understanding 
between the Board of Nurse Examiners and TDMHMR. (b) Deletes Subdivision
(3) requiring the appointment of a representative from the Texas
Department of Human services as a member of the advisory committee under
this section, from existing text and renumbers subsequent subdivisions
accordingly. 

SECTION 6. Amends Sections 142.018(b) and (c), Health and Safety Code, as
follows: 
(b) Deletes reference to Sections 48.036 and 48.082 in existing text and
makes a 
conforming change. (c) Authorizes an investigation of alleged abuse,
exploitation, or neglect to be  conducted without an on-site survey, as
appropriate. 

SECTION 7. Amends Section 253.008, Health and Safety Code, as follows:
(a) Requires the facility or agency, or person, before a facility, an
agency licensed under 
Chapter 142, or a person exempt from licensing under Section 142.003 (a)
(18) may hire 
an employee, to search the employee misconduct registry under this chapter
and the nurse 
aide registry maintained under the Omnibus Budge Reconciliation Act of
1987 (Pub. L. 
No. 100-203) to determine whether the applicant for employment is
designated in either 
registry as having abused, neglected, or exploited a resident or consumer
of a facility or 
an individual receiving services from an agency licensed under Chapter 142
or from a 
person exempt from licensing under Section 142.003 (a) (18). (b) Makes
conforming changes. 

SECTION 8. Amends Section 253.009(a), Health and Safety Code, to make a
conforming 
change.

SECTION 9. Amends Section 48.401(1), Human Resources Code, to redefine
"agency." 

SECTION 10. Repealer: (1) Sections 142.006(d), (e), and (f), Health and
Safety Code 
(License Issuance; Term); (2) Section 142.009(i), Health and Safety Code
(Surveys; 
Consumer Complaints) and; (3) Section 142.0176, Health and Safety Code
(Certain Excepted 
Agencies).

SECTION 11. Effective date: September 1, 2003.

EFFECTIVE DATE

September 1, 2003.

EXPLANATION OF AMENDMENTS

Amendment number 1 inserts a new SECTION 9 which provides a new definition
for the word "facility." 

Amendment number 2 adds a new SECTION 4 adding pneumoccal polysaccharide
vaccine to the list of dangerous drugs which may be purchased, stored, or
transported by a home and community suport services agency or its
employees.