AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 78 requires a health and human services agency to share information about adverse licensing decisions with other health and human services agencies and authorizes a health and human services agency to deny an applicant's initial or renewal application under certain conditions.
As proposed, S.B. 78 amends current law relating to adverse licensing, listing, or registration decisions by certain health and human services agencies.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 531, Government Code, by adding Subchapter W, as follows:
SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR
REGISTRATION DECISIONS
Sec. 531.951. APPLICABILITY. Provides that 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 (Youth Camps), Health and Safety Code;
(2) a home and community support services agency licensed under Chapter 142 (Home and Community Support Services), Health and Safety Code;
(3) a hospital licensed under Chapter 241 (Hospitals), Health and Safety Code;
(4) an institution licensed under Chapter 242 (Convalescent and Nursing Homes and Related Institutions), Health and Safety Code;
(5) an assisted living facility licensed under Chapter 247 (Assisted Living Facilities), Health and Safety Code;
(6) a special care facility licensed under Chapter 248 (Special Care Facilities), Health and Safety Code;
(7) an intermediate care facility licensed under Chapter 252 (Intermediate Care Facilities for the Mentally Retarded), Health and Safety Code;
(8) a chemical dependency treatment facility licensed under Chapter 464 (Facilities Treating Alcoholics and Drug-Dependent Persons), Health and Safety Code;
(9) a mental hospital or mental health facility licensed under Chapter 577 (Private Mental Hospitals and Other Mental Health Facilities), 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 (Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services), Human Resources Code; or
(11) an adult day-care facility licensed under Chapter 103 (Adult Day Care), Human Resources Code.
Sec. 531.952 RECORD OF DECISION. (a) Requires each health and human services agency that regulates a person as described by Section 531.951 in accordance with this section and executive commissioner of the Health and Human Services Commission (executive commissioner) rule to 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) Requires that the record of an application required by Subsection (a)(1) be maintained until the 10th anniversary of the date the application is denied. Requires that the record of the license, listing, or registration required by Subsection (a)(2) be maintained until the 10th anniversary of the date of the revocation, suspension, or termination.
(c) Requires that the record required under Subsection (a) 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, which may include:
(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)-(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) Requires each health and human services agency that regulates a person described by Section 531.951 to provide a copy each month of the records maintained under this section to each other health and human services agency that regulates a person described by Section 531.951.
Sec. 531.953. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY DECISION. Authorizes a health and human services agency that regulates a person described by Section 931.951 to 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 revoked, suspended, or terminated the license, listing, or registration of a person who is listed on the application or is or will be serving in a position described by Section 531.952(c)(3) for the applicant, and is included in a record maintained under Section 531.952; or denied an initial or renewal application for a person who is listed on the application or is or will be serving in a position described by Section 531.952(c)(3) for the applicant, and is included in a record maintained under Section 531.952; 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 license, listing, or registration.
Sec. 531.954. REQUIRED APPLICATION INFORMATION. Requires an applicant submitting an initial or renewal application for a license, listing, or registration described under Section 531.951 to include with the application a written statement of the name of any person who is or will be serving a position described by Section 531.952(c)(3) for the applicant and who is included in a record maintained by a health and human services agency under Section 531.952, and any other relevant information required by executive commissioner rule.
SECTION 2. (a) Requires the executive commissioner, not later than December 1, 2011, to adopt the rules necessary to implement Subchapter W, Chapter 531, Government Code, as added by this Act.
(b) Provides that a health and human services agency, notwithstanding Section 531.952, Government Code, as added by this Act, is not required to maintain the records as required under that section until January 1, 2012.
SECTION 3. Effective date: September 1, 2011.