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