This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
By: Davis of Harris (Senate Sponsor - Deuell) H.B. No. 1503
(In the Senate - Received from the House April 14, 2005;
April 18, 2005, read first time and referred to Committee on Health
and Human Services; April 29, 2005, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8,
Nays 0; April 29, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1503 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the additional exit conference required following
inspection, survey, or investigation of certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 242.0445(b) and (c), 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. An additional
exit conference must be held in person and may not be held over the
telephone, by e-mail, or by fax.
(c) 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 2. 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. An
additional exit conference must be held in person and may not be
held over the telephone, by e-mail, or by fax.
(d) The assisted living facility shall submit a 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 3. Sections 252.044(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) At the conclusion of an inspection, survey, or
investigation under this chapter, 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 and the person designated by the
facility to receive notice under Section 252.066 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. An additional exit conference must be held in person
and may not be held over the telephone, by e-mail, or by fax.
(c) 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 4. Sections 142.009(f)-(j), Health and Safety Code,
are amended to read as follows:
(f) At the conclusion of a survey or complaint
investigation, the [The] department shall fully inform the person
who is in charge of the home and community support services agency
of the preliminary findings of the survey at an exit conference and
shall give the person a reasonable opportunity to submit additional
facts or other information to the department's authorized
representative in response to those findings. The response shall
be made a part of the record of the survey for all purposes. The
department's representative shall leave a written list of the
preliminary findings with the home and community support services
agency at the time of the exit conference.
(g) After a survey of a home and community support services
agency by the department, the department shall provide to the chief
executive officer of the agency:
(1) specific and timely written notice of the official
[preliminary] findings of the survey, including:
(A) the specific nature of the survey;
(B) any alleged violations of a specific statute
or rule;
(C) the specific nature of any finding regarding
an alleged violation or deficiency; and
(D) if a deficiency is alleged, the severity of
the deficiency;
(2) information on the identity, including the
signature, of each department representative conducting,
reviewing, or approving the results of the survey and the date on
which the department representative acted on the matter; and
(3) if requested by the agency, copies of all
documents relating to the survey maintained by the department or
provided by the department to any other state or federal agency that
are not confidential under state law.
(h) If the department or the department's representative
discovers any additional violations during the review of field
notes or preparation of the official statement of deficiencies, the
department or department's representative shall give the home and
community support services agency an additional exit conference
regarding the additional violations. An additional exit conference
must be held in person and may not be held over the telephone, by
e-mail, or by fax.
(i) [(h)] Except for the investigation of complaints, a home
and community support services agency licensed by the department
under this chapter is not subject to additional surveys relating to
home health, hospice, or personal assistance services while the
agency maintains accreditation for the applicable service from the
Joint Commission for Accreditation of Healthcare Organizations,
the Community Health Accreditation Program, or other accreditation
organizations that meet or exceed the regulations adopted under
this chapter. Each provider must submit to the department
documentation from the accrediting body indicating that the
provider is accredited when the provider is applying for the
initial license and annually when the license is renewed.
(j) Except as provided by Subsections (i) [(h)] and (l), an
on-site survey must be conducted within 18 months after a survey for
an initial license. After that time, an on-site survey must be
conducted at least every 36 months.
SECTION 5. This Act takes effect September 1, 2005.
* * * * *