81R1988 YDB-D
 
  By: Kolkhorst H.B. No. 2380
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to adverse licensing, listing, or registration decisions
  by certain health and human services agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 531, Government Code, is amended by
  adding Subchapter R to read as follows:
  SUBCHAPTER R. ADVERSE LICENSING, LISTING, OR REGISTRATION
  DECISIONS
         Sec. 531.701.  APPLICABILITY. This subchapter applies only
  to the licensing, listing, or registration decisions of a health
  and human services agency under the law authorizing the agency to
  regulate the following:
               (1)  a youth camp licensed under Chapter 141, Health
  and Safety Code;
               (2)  a home and community support services agency
  licensed under Chapter 142, Health and Safety Code;
               (3)  a hospital licensed under Chapter 241, Health and
  Safety Code;
               (4)  an institution licensed under Chapter 242, Health
  and Safety Code;
               (5)  an assisted living facility licensed under Chapter
  247, Health and Safety Code;
               (6)  a special care facility licensed under Chapter
  248, Health and Safety Code;
               (7)  an intermediate care facility licensed under
  Chapter 252, Health and Safety Code;
               (8)  a chemical dependency treatment facility licensed
  under Chapter 464, Health and Safety Code;
               (9)  a mental hospital or mental health facility
  licensed under Chapter 577, Health and Safety Code;
               (10)  a child-care facility or child-placing agency
  licensed under or a family home listed or registered under Chapter
  42, Human Resources Code; or
               (11)  an adult day-care facility licensed under Chapter
  103, Human Resources Code.
         Sec. 531.702.  RECORD OF DECISION.  (a)  Each health and
  human services agency that regulates a person described by Section
  531.701 shall in accordance with this section and executive
  commissioner rule maintain a record of:
               (1)  each application for an initial or renewal
  license, listing, or registration that is denied by the agency
  under the law authorizing the agency to regulate the person; and
               (2)  each license, listing, or registration that is
  revoked, suspended, or terminated by the agency under the
  applicable law.
         (b)  The record of an application required by Subsection
  (a)(1) must be maintained until the 10th anniversary of the date the
  application is denied.  The record of the license, listing, or
  registration required by Subsection (a)(2) must be maintained until
  the 10th anniversary of the date of the revocation, suspension, or
  termination.
         (c)  The record required under Subsection (a) must include:
               (1)  the name and address of the applicant applying for
  an initial or renewal license, listing, or registration under the
  applicable law;
               (2)  the name and address of each person listed in the
  application;
               (3)  the name of each person against whom the denial,
  revocation, suspension, or termination is effective and of each
  person responsible for compliance with the agency's rules and
  policies for the applicant, including:
                     (A)  members of the board and management personnel
  of the applicant;
                     (B)  the owner, operator, and officers of the
  applicant;
                     (C)  the individuals supervising employees who
  have direct care or contact with individuals in the care of the
  applicant; and
                     (D)  any health and human services facility owned
  or operated by a person described by Paragraphs (A) through (C);
               (4)  the specific type of license, listing, or
  registration that was denied, revoked, suspended, or terminated by
  the agency;
               (5)  a summary of the terms of the denial, revocation,
  suspension, or termination; and
               (6)  the period the denial, revocation, suspension, or
  termination was effective.
         (d)  Each health and human services agency that regulates a
  person described by Section 531.701 each month shall provide a copy
  of the records maintained under this section to each other health
  and human services agency that regulates a person described by
  Section 531.701.
         Sec. 531.703.  DENIAL OF APPLICATION BASED ON ADVERSE AGENCY
  DECISION.  A health and human services agency that regulates a
  person described by Section 531.701 may deny an applicant's initial
  or renewal application for a license, listing, or registration
  included in that section if:
               (1)  another health and human services agency
  previously:
                     (A)  revoked, suspended, or terminated the
  license, listing, or registration of a person who:
                           (i)  is listed on the application or is or
  will be serving in a position described by Section 531.702(c)(3)
  for the applicant; and
                           (ii)  is included in a record maintained
  under Section 531.702; or
                     (B)  denied an initial or renewal application for
  a person who:
                           (i)  is listed on the application or is or
  will be serving in a position described by Section 531.702(c)(3)
  for the applicant; and
                           (ii)  is included in a record maintained
  under Section 531.702; and
               (2)  the agency's action under Subdivision (1) was
  based on:
                     (A)  an act or omission that resulted in physical
  or mental harm to an individual in the care of the applicant or
  person;
                     (B)  a threat to the health, safety, or well-being
  of an individual in the care of the applicant or person;
                     (C)  the physical, mental, or financial
  exploitation of an individual in the care of the applicant or
  person; or
                     (D)  a determination by the agency that the
  applicant or person has committed an act or omission that renders
  the applicant unqualified or unfit to fulfill the obligations of
  the license, listing, or registration.
         Sec. 531.704.  REQUIRED APPLICATION INFORMATION. An
  applicant submitting an initial or renewal application for a
  license, listing, or registration described under Section 531.701
  must include with the application a written statement of:
               (1)  the name of any person who is or will be serving in
  a position described by Section 531.702(c)(3) for the applicant and
  who is included in a record maintained by a health and human
  services agency under Section 531.702; and
               (2)  any other relevant information required by
  executive commissioner rule.
         SECTION 2.  (a)  Not later than December 1, 2009, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the rules necessary to implement Subchapter R, Chapter
  531, Government Code, as added by this Act.
         (b)  Notwithstanding Section 531.702, Government Code, as
  added by this Act, a health and human services agency is not
  required to maintain the records as required under that section
  until January 1, 2010.
         SECTION 3.  This Act takes effect September 1, 2009.