AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law requires a licensed health care facility to undergo state inspections in order to renew a license for that facility. Chemical dependency treatment facilities that already are accredited by outside organizations such as the Joint Commission on Accreditation of Health Organizations (JCAHO) or the Commission on Accreditation of Rehabilitation Facilities (CARF), whose standards for accreditation are higher than the state's standards, must undergo multiple inspections for renewal of their licenses. Similar statutes exist for other licensed facilities, such as hospitals, nursing homes, and rehabilitation facilities, but not for chemical dependency treatment facilities.
Currently, many chemical dependency treatment facilities go through two
inspections, one for the state for license renewal and one for the
accreditation commissions (JCAHO and CARF) that they wish to be recognized by.
This results in unnecessary administrative costs and burdens that could be
removed if accreditation from the outside commissions was accepted for license
renewal. Allowing chemical dependency treatment facilities with JCAHO or CARF
accreditation to forego a duplicative site visit also would reduce state
expenses by eliminating the need for a state inspection.
The site visits and requirements for those outside accreditations meet and surpass state requirements for those facilities. For this reason, many other licensed health care facilities, including hospitals and nursing homes, may forego state inspections as part of their license renewal if they provide evidence that they are accredited by outside organizations. However, chemical dependency facilities do not have this option.
Allowing facilities with JCAHO or CARF accreditation to forego a duplicative site visit serves three purposes: it reduces state expenses by eliminating the need for a state inspection; it reduces administrative costs and burdens for those facilities that would otherwise go through two inspections; and it provides an incentive for licensed facilities to obtain the heightened accreditation standard, resulting in increased quality and safety for patients.
S.B. 1449 amends current law relating to an alternative method of satisfying certain licensing requirements for chemical dependency treatment facilities.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 464.005(b), Health and Safety Code, to authorize the Department of State Health Services (DSHS), rather than the Texas Commission on Alcohol and Drug Abuse, to require an inspection before renewing a license, unless the applicant submits an accreditation review from the Commission on Accreditation of Rehabilitation Facilities (CARF), or the Joint Commission on Accreditation of Health Organizations (JCAHO), or another national accreditation organization recognized by DSHS in accordance with Section 464.0055.
SECTION 2. Amends Subchapter A, Chapter 464, Health and Safety Code, by adding Section 464.0055, as follows:
Sec. 464.0055. ACCREDITATION REVIEW TO SATISFY INSPECTION REQUIREMENTS. (a) Defines, in this section, "accreditation commission" and "department."
(b) Requires DSHS to accept an annual accreditation review from an accreditation commission for a treatment facility instead of an inspection by DSHS for renewal of a license under Section 464.005 (License Renewal), but only if:
(1) the treatment facility is accredited by CARF, JCAHO, or another national accreditation organization recognized by DSHS;
(2) the accreditation commission maintains and updates an inspection or review program that, for each treatment facility, meets DSHS's applicable minimum standards;
(3) the accreditation commission conducts a regular on-site inspection or review of the treatment facility according to the accreditation commission's guidelines; and
(4) the treatment facility submits to DSHS a copy of its most recent accreditation review from the accreditation commission in addition to the application, fee, and any report or other document required for renewal of a license.
(c) Provides that this section does not limit DSHS in performing any duties, investigations, or inspections authorized by this chapter, including authority to take appropriate action relating to a treatment facility, such as closing the treatment facility.
(d) Provides that this section does not require a treatment facility to obtain accreditation from an accreditation commission.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2011.