SRC-VRA C.S.S.B. 1498 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1498
78R12542 YDB-DBy: Madla
Health & Human Services
4/25/2003
Committee Report (Substituted)


DIGEST 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).  C.S.S.B. 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, institution, or agency. 

SECTION BY SECTION 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.