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A BILL TO BE ENTITLED
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AN ACT
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relating to a provisional license for convalescent and nursing home |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.0337 to read as follows: |
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Sec. 242.0337. PROVISIONAL LICENSE. (a) The department by |
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rule shall establish procedures to issue a six-month provisional |
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license to a newly constructed facility, including a newly |
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constructed facility intended to replace an existing or previously |
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operating facility. The department may issue a provisional license |
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under this subsection only if: |
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(1) the facility is in compliance with resident care |
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standards; |
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(2) the facility meets all life safety code and |
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physical plant requirements; |
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(3) all local approvals have been obtained; |
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(4) a complete license application is submitted within |
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30 days of the receipt of all local approvals; and |
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(5) the license fee has been paid. |
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(b) The department by rule shall establish procedures to |
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issue a 90-day provisional license to a facility that holds an |
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unexpired temporary change of ownership license under Section |
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242.0336. The provisional license shall take effect on the date the |
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temporary change of ownership license expires. |
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(c) The department shall issue a license under Section |
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242.033 to a facility after the provisional license expires if the |
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department determines that the facility meets the requirements |
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under Section 242.033. |
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(d) The department shall adopt rules to implement this |
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section. |
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SECTION 2. Section 242.034(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) The applicable license fee must be paid with each |
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application for a probationary license, an initial license, a |
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renewal license, a provisional license for a newly constructed |
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facility under Section 242.0337(a), or a temporary change of |
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ownership license under Section 242.0336. |
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SECTION 3. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Section 242.0337, Health and Safety |
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Code, as added by this Act. |
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SECTION 4. Section 242.0337, Health and Safety Code, as |
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added by this Act, applies to an application for a provisional |
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license submitted on or after January 1, 2010. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |