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By: Van de Putte S.B. No. 1825
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain assisted living facilities,
convalescent and nursing homes, and related institutions;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.653, Health and Safety Code, is
amended to read as follows:
Sec. 242.653. COMMITTEE POWERS AND DUTIES. (a) The
committee shall:
(1) meet at the call of the presiding officer;
(2) receive information about rules proposed or
adopted by the department; [and]
(3) review specific recommendations for legislation
proposed by the department or the attorney general relating to
nursing facility rules and regulations and other long-term care
issues; and
(4) at the written request of a duly constituted
Section 501(c) nonprofit association, convene a public hearing for
the purpose of receiving testimony with regard to a rule proposed or
adopted by the department relating to nursing facilities and to
assisted living facilities when it is alleged that the rule is in
conflict with the intent of the legislature as expressed forth in
this chapter and Chapter 247.
(b) The committee may issue process, in accordance with
Section 301.024, Government Code, to compel the attendance of
witnesses and the production of books, records, documents, and
instruments required by the committee.
(c) The committee may, on a vote of a majority of the
members, send to the department and the Health and Human Services
Commission a statement that the committee has determined that a
rule proposed or adopted by the department or the commission is in
conflict with legislative intent. The statement may:
(1) indicate the nature of the conflict identified by
the committee; and
(2) request that the Health and Human Services
Commission review the rule under Section 531.034, Government Code.
(d) The committee shall monitor the effectiveness and
efficiency of the nursing facility regulatory system of this state.
(e) [(d)] The committee may request reports and other
information from the department and the attorney general relating
to the nursing facility regulatory system of this state and other
long-term care issues.
(f) [(e)] The committee shall use the existing staff
resources of the senate and the house of representatives to assist
the committee in performing its duties under this section.
(g) [(f)] The committee shall monitor the implementation of
Subchapter R and study the impact of that law on the department,
institutions, and residents.
SECTION 2. Section 247.003, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), Chapter 242 does not apply to an assisted living facility
licensed under this chapter.
(c) Subchapter O, Chapter 242, applies to legislative
oversight of department actions relating to the assisted living
facility regulatory system of this state in the same manner that it
applies to legislative oversight of department action relating to
the nursing facility regulatory system of this state.
SECTION 3. Subsection (b), Section 531.034, Government
Code, is amended to read as follows:
(b) The commission shall review agency rules:
(1) for compliance with:
(A) the coordinated strategic plan;
(B) existing statutory authority;
(C) rules of other health and human services
agencies; and
(D) budgetary implications; [and]
(2) to ensure that the rules do not:
(A) discourage marriage; or
(B) encourage divorce; and
(3) at the request of the long-term care legislative
oversight committee.
SECTION 4. Section 242.852, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A person who covertly uses or who authorizes the covert
use of an electronic monitoring device, as described in Section
242.843, 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, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) This section takes effect September 1, 2005.
SECTION 6. Subsections (b) and (c), Section 242.0445,
Health and Safety Code, are amended to read as follows:
(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 in an 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 satisfy the department's responsibility
for an additional exit conference in person.
(c) Following an additional exit conference, if applicable,
the [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 247.0271, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(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 satisfy 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 the
facility receives the final official statement of violations.
SECTION 8. Section 6.02, Chapter 1284, Acts of the 77th
Legislature, Regular Session, 2001, is repealed.
SECTION 9. This Act takes effect September 1, 2003.