By:  Nelson                                                       S.B. No. 874
	(In the Senate - Filed March 2, 2005; March 10, 2005, read 
first time and referred to Committee on Health and Human Services; 
April 7, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; April 7, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 874                                    By:  Nelson


A BILL TO BE ENTITLED

AN ACT


relating to quality-of-care monitoring visits to long-term care 
facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subdivision (1), Section 255.001, Health and 
Safety Code, is amended to read as follows:
		(1)  "Department" means the [Texas] Department of Aging 
and Disability [Human] Services.
	SECTION 2.  Section 255.003, Health and Safety Code, is 
amended by amending Subsections (a) and (f) and adding Subsection 
(k) to read as follows:
	(a)  The department shall establish regional offices with 
one or more quality-of-care monitors, based on the number of 
long-term care facilities in the region, to monitor the facilities 
in the region on a regular, [unannounced,] aperiodic basis, 
including nights, evenings, weekends, and holidays.  A monitoring 
visit conducted under this chapter may be announced or unannounced.
	(f)  The quality-of-care monitor shall include in a 
monitoring [an assessment] visit:
		(1)  observation of the care and services rendered to 
residents; and        
		(2)  formal and informal interviews with residents, 
family members, facility staff, resident guests, volunteers, other 
regulatory staff, and representatives of a human rights advocacy 
committee.
	(k)  Notwithstanding Section 32.060(c), Human Resources 
Code, as added by Chapter 204, Acts of the 78th Legislature, Regular 
Session, 2003, or Section 242.017(c), the findings of a monitoring 
visit are not subject to civil discovery or admissible in evidence 
in a civil action in any court.  This subsection does not apply to an 
enforcement action in which the state or any agency or political 
subdivision of the state is a party.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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