79R2721 YDB-F

By:  Deshotel                                                     H.B. No. 343



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of convalescent homes, nursing homes, 
and related institutions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 242.037, Health and Safety Code, is 
amended by adding Subsection (j) to read as follows:
	(j)  The department shall identify in its rules each rule or 
standard for which a penalty may be assessed, under this chapter or 
in accordance with Chapter 32, Human Resources Code, for a 
violation of the rule or standard.
	SECTION 2.   Section 242.0445(a), Health and Safety Code, is 
amended to read as follows:
	(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 a law or rule on a form 
designed by the department for inspections; [and]
		(2)  identify the specific law or rule the institution
[facility] violated; and
		(3)  if the institution is denied the right to avoid an 
administrative penalty by correcting the violation, identify at 
least one of the specific reasons listed in Section 242.0665(b) for 
the denial.
	SECTION 3.   Subchapter B, Chapter 242, Health and Safety 
Code, is amended by adding Sections 242.0447 and 242.0448 to read as 
follows:
	Sec. 242.0447.  DUTIES OF REPRESENTATIVES. The department 
shall adopt written policies requiring representatives of the 
department to treat the residents of an institution and the 
institution's staff with courtesy, consideration, and respect 
during an inspection, survey, or investigation conducted under 
Section 242.043 or 242.044 or in accordance with Chapter 32, Human 
Resources Code.
	Sec. 242.0448.  INTERNAL AFFAIRS OFFICE. (a)  The department 
shall establish an internal affairs office to investigate 
complaints by institutions related to an inspection, survey, or 
investigation conducted under Section 242.043 or 242.044 or in 
accordance with Chapter 32, Human Resources Code.
	(b)  An institution inspected, surveyed, or investigated by 
the department or by a representative of the department may report a 
suspected violation of department policies adopted under Section 
242.0447 to the internal affairs office.
	(c)  The internal affairs office shall investigate 
complaints received from institutions regulated under this 
chapter.
	(d)  A representative of the department may not retaliate 
against an institution for filing a complaint with the department's 
internal affairs office under Subsection (b).  A representative of 
the department who violates this subsection may not inspect, 
survey, or investigate the institution after the date the 
department determines the violation of this subsection occurred.
	SECTION 4.   Section 242.066, Health and Safety Code, is 
amended  by amending Subsection (e) and adding Subsection (i) to 
read as follows:
	(e)  In determining the amount of a penalty, the department 
shall consider any matter that justice may require, including:
		(1)  the gradations of penalties established under 
Subsection (d);          
		(2)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of the prohibited act 
and the hazard or potential hazard created by the act to the health 
or safety of the public;
		(3)  the history of previous violations;                                      
		(4)  deterrence of future violations; [and]                  
		(5)  efforts to correct the violation; and                             
		(6)  the cash flow and financial condition of the 
institution.       
	(i)  The department may impose only one administrative 
penalty for each violation identified or confirmed in an 
inspection, survey, or investigation conducted under this chapter 
or in accordance with Chapter 32, Human Resources Code.
	SECTION 5.   Section 242.0665(b), Health and Safety Code, is 
amended to read as follows:
	(b)  If the department determines that the violation 
resulted in actual harm to a resident, Subsection (a) does not 
apply:
		(1)  to a violation that the department determines:                           
			(A)  results in serious harm to or death of a 
resident;                    
			(B)  constitutes a serious threat to the health or 
safety of a resident; or
			(C)  substantially limits the institution's 
capacity to provide care;      
		(2)  to a violation described by Sections 
242.066(a)(2)-(6);                
		(3)  to a violation of Section 242.133 or 242.1335; or                        
		(4)  to a violation of a right of a resident adopted 
under Subchapter L.    
	SECTION 6.   (a)  This Act takes effect September 1, 2005.                     
	(b)  The changes in law made by this Act to Sections 242.066 
and 242.0665, Health and Safety Code, apply only to the assessment 
of an administrative penalty based on a charge made in a preliminary 
report issued under Section 242.067, Health and Safety Code, on or 
after the effective date of this Act.  The assessment of an 
administrative penalty based on a charge made in a preliminary 
report issued under Section 242.067, Health and Safety Code, before 
the effective date of this Act is governed by the law in effect 
immediately before that date, and that law is continued in effect 
for that purpose.