80R2839 YDB-F
 
  By: Davis of Harris H.B. No. 404
 
 
 
   
 
 
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 by
telephone, e-mail, or 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 by telephone, e-mail, or 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 by telephone, e-mail, or 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.  This Act takes effect September 1, 2007
.