| |
| |
|
|
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. |