78R5321 JRD-D

By:  Wohlgemuth                                                   H.B. No. 1793



A BILL TO BE ENTITLED

AN ACT

relating to the option to satisfy the inspection requirement for 
renewal of a nursing home license with an annual accreditation 
review performed by the Joint Commission on Accreditation of Health 
Organizations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 242.047(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The department shall accept an annual accreditation 
review from the Joint Commission on Accreditation of Health 
Organizations for a nursing home instead of an inspection for 
renewal of a license under Section 242.033, but only if:
		(1)  the nursing home is accredited by the commission 
under the commission's long-term care standards;
		(2)  the commission maintains an annual inspection or 
review program that, for each nursing home, meets the department's 
minimum standards as confirmed by the board;
		(3)  the commission conducts an annual on-site 
inspection or review of the home; [and]
		(4)  the nursing home submits to the department a copy 
of its annual accreditation review from the commission in addition 
to the application, fee, and report required for renewal of a 
license; and
		(5)  the department has:                                               
			(A)  determined whether a waiver or authorization 
from a federal agency is necessary under federal law, including for 
federal funding purposes, before the department accepts an annual 
accreditation review from the joint commission instead of an 
inspection for license renewal purposes; and
			(B)  obtained any necessary federal waivers or 
authorizations.      
	SECTION 2.  (a)  Not later than the 30th day after the 
effective date of this Act, the Texas Department of Human Services 
shall:
		(1)  determine whether a waiver or authorization from a 
federal agency is necessary under federal law, including for 
federal funding purposes, before the department may accept an 
annual accreditation review from the Joint Commission on 
Accreditation of Health Organizations for a nursing home instead of 
an inspection for purposes of renewing a nursing home license under 
Chapter 242, Health and Safety Code; and
		(2)  if the department determines that a waiver or 
authorization is necessary, request any required waivers or 
authorizations.
	(b)  Not later than the 90th day after the effective date of 
this Act, the Texas Department of Human Services shall report its 
progress under Subsection (a) of this section to the governor and to 
the presiding officer of each house of the legislature.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.