By: Davis of Harris H.B. No. 3354
A BILL TO BE ENTITLED
AN ACT
Relating to nursing home facilities licensed under Chapter 242 of
the Health and Safety Code, and assisted living facilities licensed
under Chapter 247 of the Health and Safety Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.653, Health and Safety Code, is
amended by adding subsection (a)(4) and subsection (c) to read as
follows:
(a) The Committee shall:
(1)-(3) (No change)
(4) at the written request of a duly constituted 501
(c) non-profit trade association, convene a public hearing for the
purpose of receiving testimony with regard to a rule proposed or
adopted by the department relating to the nursing facilities and to
assisted living facilities, when it is alleged that the rule is in
conflict with the intent of the legislature as set forth in this
Chapter and in Chapter 247 (Assisted Living Facilities).
(b) (No change)
(c) The committee may, on a vote of a majority of the
members, send the Texas Department of Human Services and the Health
and Human Services Commission a statement that the committee has
determined a rule proposed or adopted by the department or
commission to be in conflict with legislative intent. Such
statement may set forth:
(1) the nature of the conflict identified by the
committee;
(2) a request that the Health and Human Services
Commission review the rule pursuant to Chapter 531.034 of the Texas
Government Code.
[(c)] (d) (No change)
[(d)] (e) (No change)
[(e)] (f) (No change)
SECTION 2. Section 247, Health and Safety Code, is amended
by amending subsection (a) and by adding subsection (c) to read as
follows:
(a) Except as provided by Subsection (b) and (c), Chapter
242 does not apply to an assisted living facility licensed under
this chapter.
(b) (No change)
(c) Subsection O. Chapter 242, applies to legislative
oversight of department action relating to the assisted living
facility regulatory system of this state in the same manner it
applies to legislative oversight of department action relating to
the nursing facility regulatory system of the state..
SECTION 3. Section 531.034, Government Code, is amended by
adding subsection (b)(3) to read as follows:
(a) (No change)
(b) The commission shall review agency rules:
(1) (No change)
(2) (No change)
(3) at the request of the Long-Term Care Legislative
Oversight Committee
SECTION 4. Section 242.852, of the Health and Safety Code,
is amended by adding subsection (c) as follows:
Sec. 242.852. CRIMINAL OFFENSE. (a) A person who
intentionally hampers, obstructs, tampers with, or destroys an
electronic monitoring device installed in a resident's room in
accordance with this subchapter or a tape or recording made by the
device commits an offense. An offense under this section is a Class
B misdemeanor.
(b) It is a defense to prosecution under Subsection (a) that
the person took the action with the effective consent of the
resident on whose behalf the electronic monitoring device was
installed or the resident's guardian or legal representative.
(c) A person who covertly uses an electronic monitoring
devise, as defined in Section 242.843 of the Health and Safety Code,
in the room of a resident of an institution or who authorizes the
covert use of an electronic monitoring devise in the room of a
resident of an institution commits an offense. An offense under
this section is a Class B misdemeanor.
SECTION 5. Section 242.0372, of the Health and Safety Code,
enacted by Section 6.01, Chapter 1284, Acts of the 77th
Legislature, Regular Session, 2001, to be effective September 1,
2003, is amended by adding subsection (f) to read as follows:
(f) An institution is not required to comply with this
section before September 1, 2005.
Sec. 242.0445. REPORTING OF VIOLATIONS. (a) The
department or the department's representative conducting an
inspection, survey, or investigation under Section 242.043 or
242.044 shall:
(1) list each violation of the law or rule on a form
designated by the department for inspections; and
(2) identify the specific law or rule the facility
violated.
(b) At the conclusion of an inspection, survey, or
investigation under Section 242.043 or 242.044, the department or
the department's representative conducting the inspection, survey,
or investigation shall discuss the violations with the facility's
management at the exit conference. The department or the
department's representative shall leave a written list of the
violations with the facility at the time of the exit conference. If
the department or the department's representative discovers any
additional violations during the review of field notes or
preparation of the official final list, the department or the
department's representative shall give the facility an additional
exit conference regarding the additional violations. A telephone
conference between the department or the department's
representative and the facility, regarding additional violations,
shall not be sufficient to transcend the department's
responsibility for an additional exit conference in person.
(c) Following an additional exit conference, if applicable,
the facility shall submit a plan to correct the violations to the
regional director not later than the 10th working day after the date
the facility receives the final official statement of violations.
SECTION 7. Section 247.0275, Health and Safety Code, is
amended in section (c) and (d) as follows:
Sec. 247.0275. INSPECTION EXIT CONFERENCE. (a) At the
conclusion of an inspection under Section 247.023 (a) or Section
247.027, the inspector shall perform an exit conference to advise
the assisted living facility of the findings resulting from the
inspection.
(b) At the exit conference, the inspector shall provide a
copy of the inspection checklist to the assisted living facility
and list each violation discovered during the inspection, with
specific reference to the standard violated.
(c) If, after the initial exit conference, additional
violations are cited, the inspector shall conduct an additional
exit conference regarding the newly identified violations. A
telephone conference between the department or the department's
representative and the facility, regarding additional violations,
shall not be sufficient to transcend the department's
responsibility for an additional exit conference in person.
(d) Following an additional exit conference, if applicable,
the assisted living facility shall submit an acceptable plan of
correction to the regional director with supervisory authority over
the inspector not later than the 10th working day after the date [of
completion of the final exit conference] the facility receives the
final official statement of violations.
SECTION 8. This Act takes effect September 1, 2003.