By: West S.B. No. 1124
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorization for the Department of Aging and
  Disability Services to conduct a desk review instead of an
  inspection when issuing a license after a change in ownership of
  certain facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 142.009, Health and Safety Code, is
  amended by amending Subsection (j) and adding Subsection (j-1) to
  read as follows:
         (j)  Except as provided by Subsections (j-1), (h), and (l),
  an on-site survey must be conducted within 18 months after a survey
  for an initial license. After that time, an on-site survey must be
  conducted at least every 36 months.
         (j-1)  The department, in accordance with department rules,
  may conduct a desk review instead of the initial survey required by
  Subsection (j) if the license application is submitted due to a
  change in ownership of an agency under this chapter. The executive
  commissioner of the Health and Human Services Commission by rule
  shall develop criteria for determining when the department may
  conduct a desk review instead of an on-site survey.
         SECTION 2.  Section 247.023, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  The department, in accordance with department rules,
  may conduct a desk review instead of the inspection and
  investigation required by Subsection (a) if the license application
  is submitted due to a change in ownership of a facility under this
  chapter. The executive commissioner of the Health and Human
  Services Commission by rule shall develop criteria for determining
  when the department may conduct a desk review instead of an
  inspection and investigation.
         SECTION 3.  Section 252.033, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  The department, in accordance with department rules,
  may conduct a desk review instead of the on-site inspection and
  investigation under Subsection (a) if the license application is
  submitted due to a change in ownership of a facility under this
  chapter. The executive commissioner of the Health and Human
  Services Commission by rule shall develop criteria for determining
  when the department may conduct a desk review instead of an on-site
  inspection and investigation.
         SECTION 4.  Section 103.006, Human Resources Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  The department, in accordance with department rules,
  may conduct a desk review instead of the on-site inspection under
  Subsection (a) if the license application is submitted due to a
  change in ownership of the facility under this chapter. The
  executive commissioner of the Health and Human Services Commission
  by rule shall develop criteria for determining when the department
  may conduct a desk review instead of an on-site inspection.
         SECTION 5.  (a)  Not later than April 1, 2010, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules required under Subsection (j-1), Section 142.009,
  Subsection (a-1), Section 247.023, and Subsection (a-1), Section
  252.033, Health and Safety Code, and Subsection (a-1), Section
  103.006, Human Resources Code, as added by this Act.
         (b)  Notwithstanding Subsection (j-1), Section 142.009,
  Subsection (a-1), Section 247.023, and Subsection (a-1), Section
  252.033, Health and Safety Code, as added by this Act, and
  Subsection (a-1), Section 103.006, Human Resources Code, as added
  by this Act, the Department of Aging and Disability Services may not
  conduct a desk review instead of a survey, inspection, or
  investigation for a license application submitted due to a change
  in ownership of an agency or facility under those sections until May
  1, 2010.
         SECTION 6.  This Act takes effect September 1, 2009.