By: West S.B. No. 1124

(In the Senate - Filed February 25, 2009; March 13, 2009, read first time and referred to Committee on Health and Human Services; April 14, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 14, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1124 By: West

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.

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