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A BILL TO BE ENTITLED
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AN ACT
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relating to authorization for the Department of Aging and |
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Disability Services to conduct a desk review instead of an |
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inspection when issuing a license after a change in ownership of |
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certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.009, Health and Safety Code, is |
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amended by amending Subsection (j) and adding Subsection (j-1) to |
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read as follows: |
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(j) Except as provided by Subsections (j-1), (h), and (l), |
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an on-site survey must be conducted within 18 months after a survey |
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for an initial license. After that time, an on-site survey must be |
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conducted at least every 36 months. |
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(j-1) The department, in accordance with department rules, |
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may conduct a desk review instead of the initial survey required by |
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Subsection (j) if the license application is submitted due to a |
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change in ownership of an agency under this chapter. The executive |
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commissioner of the Health and Human Services Commission by rule |
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shall develop criteria for determining when the department may |
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conduct a desk review instead of an on-site survey. |
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SECTION 2. Section 247.023, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The department, in accordance with department rules, |
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may conduct a desk review instead of the inspection and |
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investigation required by Subsection (a) if the license application |
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is submitted due to a change in ownership of a facility under this |
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chapter. The executive commissioner of the Health and Human |
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Services Commission by rule shall develop criteria for determining |
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when the department may conduct a desk review instead of an |
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inspection and investigation. |
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SECTION 3. Section 252.033, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The department, in accordance with department rules, |
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may conduct a desk review instead of the on-site inspection and |
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investigation under Subsection (a) if the license application is |
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submitted due to a change in ownership of a facility under this |
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chapter. The executive commissioner of the Health and Human |
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Services Commission by rule shall develop criteria for determining |
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when the department may conduct a desk review instead of an on-site |
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inspection and investigation. |
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SECTION 4. Section 103.006, Human Resources Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The department, in accordance with department rules, |
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may conduct a desk review instead of the on-site inspection under |
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Subsection (a) if the license application is submitted due to a |
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change in ownership of the facility under this chapter. The |
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executive commissioner of the Health and Human Services Commission |
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by rule shall develop criteria for determining when the department |
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may conduct a desk review instead of an on-site inspection. |
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SECTION 5. (a) Not later than April 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 under Subsection (j-1), Section 142.009, |
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Subsection (a-1), Section 247.023, and Subsection (a-1), Section |
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252.033, Health and Safety Code, and Subsection (a-1), Section |
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103.006, Human Resources Code, as added by this Act. |
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(b) Notwithstanding Subsection (j-1), Section 142.009, |
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Subsection (a-1), Section 247.023, and Subsection (a-1), Section |
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252.033, Health and Safety Code, as added by this Act, and |
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Subsection (a-1), Section 103.006, Human Resources Code, as added |
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by this Act, the Department of Aging and Disability Services may not |
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conduct a desk review instead of a survey, inspection, or |
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investigation for a license application submitted due to a change |
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in ownership of an agency or facility under those sections until May |
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1, 2010. |
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SECTION 6. This Act takes effect September 1, 2009. |