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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain long-term care facilities, |
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including the establishment of late fees and changes to |
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administrative penalties, and relating to the office of long-term |
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care ombudsman. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.021(m), Human Resources Code, is |
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amended to read as follows: |
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(m) Notwithstanding any provision of law to the contrary, |
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the department may [shall] terminate a nursing facility's provider |
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agreement if the department has imposed required Category 2 or |
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Category 3 remedies on the facility three times within a 24-month |
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period unless the department makes an affirmative finding that good |
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cause exists to waive this requirement to facilitate a change in |
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ownership to protect residents of a facility. In this subsection, |
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"Category 2 remedies" and "Category 3 remedies" have the meanings |
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assigned by 42 C.F.R. Section 488.408. |
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SECTION 2. Section 101.051(2), Human Resources Code, is |
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amended to read as follows: |
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(2) "Long-term care facility" means a facility that |
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serves persons who are 60 years of age or older and that is licensed |
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or regulated or that is required to be licensed or regulated by the |
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[Texas] Department of Aging and Disability [Human] Services under |
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Chapter 242 or 247, Health and Safety Code. |
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SECTION 3. Section 103.006(b), Human Resources Code, is |
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amended to read as follows: |
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(b) The license expires two years [one year] from the date |
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of its issuance. The executive commissioner of the Health and Human |
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Services Commission by rule may adopt a system under which licenses |
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expire on various dates during the two-year period. For the year in |
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which a license expiration date is changed, the department shall |
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prorate the license fee on a monthly basis. Each license holder |
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shall pay only that portion of the license fee allocable to the |
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number of months for which the license is valid. A license holder |
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shall pay the total license renewal fee at the time of renewal. |
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SECTION 4. Section 103.007, Human Resources Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) An applicant for a license to operate an adult day-care |
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facility must file an application on a form prescribed by the |
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department together with a license fee of $50 [$25]. |
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(c) A person who operates a facility that is licensed under |
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this chapter must file an application for a renewal license not |
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later than the 45th day before the expiration date of the current |
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license on a form prescribed by the department together with a |
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renewal fee of $50 [$25]. |
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(d) An applicant for a license renewal who submits an |
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application later than the 45th day before the expiration date of |
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the license is subject to a late fee in accordance with department |
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rules. |
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SECTION 5. Section 142.006(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A license issued under this chapter expires two years |
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[one year] after the date of issuance. The executive commissioner |
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of the Health and Human Services Commission by rule may adopt a |
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system under which licenses expire on various dates during the |
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two-year period. For the year in which a license expiration date is |
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changed, the department shall prorate the license fee on a monthly |
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basis. Each license holder shall pay only that portion of the |
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license fee allocable to the number of months for which the license |
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is valid. A license holder shall pay the total license renewal fee |
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at the time of renewal. The department may issue an initial license |
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for a shorter term [of less than one year] to conform expiration |
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dates for a locality or an applicant. The department[, in
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accordance with board rules,] may issue a temporary license to an |
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applicant for an initial license. |
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SECTION 6. Section 142.010(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department [board] shall set license fees for home |
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and community support services agencies in amounts that are |
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reasonable to meet the costs of administering this chapter, except |
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that the fees may not be less than $600 [$300] or more than $2,000 |
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[$1,000] for a license to provide home health, hospice, or personal |
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assistance services. |
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SECTION 7. Section 142.0105, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 142.0105. LICENSE RENEWAL. (a) A person who is |
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otherwise eligible to renew a license may renew an unexpired |
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license by submitting a completed application for renewal and |
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paying the required renewal fee to the department not later than the |
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45th day before the expiration date of the license. A person whose |
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license has expired may not engage in activities that require a |
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license [until the license has been renewed]. |
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(b) An applicant for a license renewal who submits an |
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application later than the 45th day before the expiration date of |
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the license is subject to a late fee in accordance with department |
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rules [A person whose license has been expired for 90 days or less
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may renew the license by paying to the department a renewal fee that
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is equal to 1-1/2 times the normally required renewal fee]. |
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(c) [A person whose license has been expired for more than
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90 days may obtain a new license by complying with the requirements
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and procedures for obtaining an original license.
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[(d)] Not later than the 120th [60th] day before the date a |
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person's license is scheduled to expire, the department shall send |
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written notice of the impending expiration to the person at the |
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person's last known address according to the records of the |
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department. The written notice must include an application for |
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license renewal and instructions for completing the application. |
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SECTION 8. Section 142.017, Health and Safety Code, is |
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amended by amending Subsection (e) and adding Subsection (j) to |
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read as follows: |
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(e) Except as provided by Subsection (j), the [The] |
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department by rule shall provide the home and community support |
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services agency with a reasonable period of time following the |
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first day of a violation to correct the violation before assessing |
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an administrative penalty if a plan of correction has been |
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implemented. |
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(j) The department may assess an administrative penalty |
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without providing a reasonable period of time to the agency to |
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correct the violation if the violation: |
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(1) results in serious harm or death; |
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(2) constitutes a serious threat to health or safety; |
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(3) substantially limits the agency's capacity to |
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provide care; |
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(4) is a violation in which a person: |
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(A) makes a false statement that the person knows |
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or should know is false, of a material fact: |
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(i) on an application for issuance or |
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renewal of a license or in an attachment to the application; or |
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(ii) with respect to a matter under |
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investigation by the department; |
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(B) refuses to allow a representative of the |
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department to inspect a book, record, or file required to be |
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maintained by an agency; |
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(C) wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(D) wilfully interferes with a representative of |
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the department preserving evidence of a violation of this chapter |
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or a rule, standard, or order adopted or license issued under this |
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chapter; |
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(E) fails to pay a penalty assessed by the |
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department under this chapter not later than the 10th day after the |
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date the assessment of the penalty becomes final; or |
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(F) fails to submit: |
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(i) a plan of correction not later than the |
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10th day after the date the person receives a statement of licensing |
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violations; or |
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(ii) an acceptable plan of correction not |
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later than the 30th day after the date the person receives |
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notification from the department that the previously submitted plan |
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of correction is not acceptable; |
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(5) is a violation of Section 142.0145; or |
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(6) involves the rights of the elderly under Chapter |
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102, Human Resources Code. |
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SECTION 9. Section 242.032, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) Information obtained under this section regarding an |
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applicant's or license holder's financial condition is confidential |
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and may not be disclosed to the public. |
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SECTION 10. Section 242.034, Health and Safety Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) An applicant for license renewal who submits an |
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application later than the 45th day before the expiration date of a |
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current license is subject to a late fee in accordance with |
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department rules. |
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SECTION 11. Section 242.066(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or |
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order adopted or license issued under this chapter; |
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(2) makes a false statement, that the person knows or |
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should know is false, of a material fact: |
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(A) on an application for issuance or renewal of |
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a license or in an attachment to the application; or |
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(B) with respect to a matter under investigation |
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by the department; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by an institution; or |
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(B) any portion of the premises of an |
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institution; |
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(4) wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(5) wilfully interferes with a representative of the |
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department preserving evidence of a violation of this chapter or a |
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rule, standard, or order adopted or license issued under this |
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chapter; [or] |
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(6) fails to pay a penalty assessed by the department |
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under this chapter not later than the 10th day after the date the |
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assessment of the penalty becomes final; or |
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(7) fails to notify the department of a change of |
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ownership before the effective date of the change of ownership. |
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SECTION 12. Section 242.0665(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply: |
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(1) to a violation that the department determines: |
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(A) results in serious harm to or death of a |
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resident; |
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(B) constitutes a serious threat to the health or |
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safety of a resident; or |
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(C) substantially limits the institution's |
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capacity to provide care; |
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(2) to a violation described by Sections |
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242.066(a)(2)-(7) [242.066(a)(2)-(6)]; |
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(3) to a violation of Section 242.133 or 242.1335; or |
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(4) to a violation of a right of a resident adopted |
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under Subchapter L. |
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SECTION 13. Sections 247.023(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall issue a license if, after |
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inspection and investigation, it finds that the applicant, the |
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assisted living facility, and all controlling persons with respect |
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to the applicant or facility meet the requirements of this chapter |
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and the standards adopted under this chapter. The license expires |
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on the second anniversary of the date of its issuance. The |
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executive commissioner of the Health and Human Services Commission |
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by rule may adopt a system under which licenses expire on various |
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dates during the two-year period. For the year in which a license |
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expiration date is changed, the department shall prorate the |
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license fee on a monthly basis. Each license holder shall pay only |
|
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that portion of the license fee allocable to the number of months |
|
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during which the license is valid. A license holder shall pay the |
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total license renewal fee at the time of renewal. |
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(b) To renew a license, the license holder must submit to |
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the department the [annual] license renewal fee. |
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SECTION 14. Section 247.024, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) The department [board] shall set license fees imposed by |
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this chapter: |
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(1) on the basis of the number of beds in assisted |
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living facilities required to pay the fee; and |
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(2) in amounts reasonable and necessary to defray the |
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cost of administering this chapter, but not to exceed $1,500 |
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[$750]. |
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(e) An applicant who submits a license renewal later than |
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the 45th day before the expiration date of a current license may be |
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subject to a late fee in accordance with department rules. |
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SECTION 15. Section 247.0451(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or |
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order adopted under this chapter or a term of a license issued under |
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this chapter; |
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(2) makes a false statement, that the person knows or |
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should know is false, of a material fact: |
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(A) on an application for issuance or renewal of |
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a license or in an attachment to the application; or |
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(B) with respect to a matter under investigation |
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by the department; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by an assisted living facility; or |
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(B) any portion of the premises of an assisted |
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living facility; |
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(4) wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(5) wilfully interferes with a representative of the |
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department preserving evidence of a violation of this chapter or a |
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rule, standard, or order adopted under this chapter or a term of a |
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license issued under this chapter; [or] |
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(6) fails to pay a penalty assessed under this chapter |
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not later than the 30th day after the date the assessment of the |
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penalty becomes final; or |
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(7) fails to notify the department of a change of |
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ownership before the effective date of the change of ownership. |
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SECTION 16. Section 247.0452(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply: |
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(1) to a violation that the department determines |
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results in serious harm to or death of a resident; |
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(2) to a violation described by Sections |
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247.0451(a)(2)-(7) [247.0451(a)(2)-(6)]; |
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(3) to a second or subsequent violation of: |
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(A) a right of the same resident under Section |
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247.064; or |
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(B) the same right of all residents under Section |
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247.064; or |
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(4) to a violation described by Section 247.066, which |
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contains its own right to correct provisions. |
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SECTION 17. Section 252.034, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) An applicant who submits an application for license |
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renewal later than the 45th day before the expiration date of a |
|
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current license may be subject to a late fee in accordance with |
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department rules. |
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SECTION 18. Sections 252.065(a) and (e), Health and Safety |
|
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Code, are amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter or a rule, standard, or |
|
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order adopted or license issued under this chapter; |
|
|
(2) makes a false statement, that the person knows or |
|
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should know is false, of a material fact: |
|
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(A) on an application for issuance or renewal of |
|
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a license or in an attachment to the application; or |
|
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(B) with respect to a matter under investigation |
|
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by the department; |
|
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(3) refuses to allow a representative of the |
|
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department to inspect: |
|
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(A) a book, record, or file required to be |
|
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maintained by the institution; or |
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(B) any portion of the premises of an |
|
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institution; |
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(4) wilfully interferes with the work of a |
|
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representative of the department or the enforcement of this |
|
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chapter; |
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(5) wilfully interferes with a representative of the |
|
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department preserving evidence of a violation of this chapter or a |
|
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rule, standard, or order adopted or license issued under this |
|
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chapter; |
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(6) fails to pay a penalty assessed by the department |
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under this chapter not later than the 10th day after the date the |
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assessment of the penalty becomes final; |
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(7) fails to submit a plan of correction within 10 days |
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after receiving a statement of licensing violations; or |
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(8) fails to notify the department of a change in |
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ownership before the effective date of that change of ownership |
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[facility that violates this chapter or a rule adopted under this
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chapter]. |
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(e) The department by rule shall provide the facility with a |
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reasonable period of time, not less than 45 days, following the |
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first day of a violation to correct the violation before assessing |
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an administrative penalty if a plan of correction has been |
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implemented. This subsection does not apply to a violation |
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described by Subsection (a)(2)-(8) or to a violation that the |
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department determines: |
|
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(1) has resulted in serious harm to or the death of a |
|
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resident; |
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(2) [or] constitutes a serious threat to the health or |
|
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safety of a resident; or |
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(3) substantially limits the institution's capacity to |
|
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provide care. |
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SECTION 19. If before implementing any provision of this |
|
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Act a state agency determines that a waiver or authorization from a |
|
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federal agency is necessary for implementation of that provision, |
|
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the agency affected by the provision shall request the waiver or |
|
|
authorization and may delay implementing that provision until the |
|
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waiver or authorization is granted. |
|
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SECTION 20. (a) Except as provided by Subsection (b) of |
|
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this section, this Act applies only to a license issued or renewed |
|
|
on or after September 1, 2007. A license issued or renewed before |
|
|
September 1, 2007, is governed by the law as it existed immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
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effect for that purpose. |
|
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(b) The changes in law made by this Act relating to the time |
|
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for filing an application for a license renewal and the |
|
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applicability of a late fee to an application for a license renewal |
|
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apply only to an application for a license renewal filed on or after |
|
|
November 1, 2007. An application for a license renewal filed before |
|
|
November 1, 2007, is governed by the law as it existed immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
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effect for that purpose. |
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SECTION 21. This Act takes effect September 1, 2007. |