By: Zaffirini S.B. No. 1449

A BILL TO BE ENTITLED

AN ACT

relating to an alternative method of satisfying certain licensing and program participation requirements for chemical dependency treatment facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (b), Section 464.005, Health and Safety Code, is amended to read as follows:

(b) The Department of State Health Services [commission] may require an inspection before renewing a license, unless the applicant submits an accreditation review from the Commission on Accreditation of Rehabilitation Facilities or the Joint Commission in accordance with Section 464.0055.

SECTION 2. Subchapter A, Chapter 464, Health and Safety Code, is amended by adding Section 464.0055 to read as follows:

Sec. 464.0055. ACCREDITATION REVIEW TO SATISFY INSPECTION OR CERTIFICATION REQUIREMENTS. (a) In this section:

(1) "Accreditation commission" means the Commission on Accreditation of Rehabilitation Facilities or the Joint Commission.

(2) "Department" means the Department of State Health Services.

(b) The department shall accept an annual accreditation review from an accreditation commission for a treatment facility instead of an inspection for renewal of a license under Section 464.005 and in satisfaction of the requirements for certification by the department for participation in the medical assistance program under Chapter 32, Human Resources Code, and the federal Medicare program, but only if:

(1) the treatment facility is accredited by the Commission on Accreditation of Rehabilitation Facilities under its behavioral health standards or by the Joint Commission under its behavioral health care standards;

(2) the accreditation commission maintains an annual inspection or review program that, for each treatment facility, meets the department's applicable minimum standards;

(3) the accreditation commission conducts an annual on-site inspection or review of the treatment facility;

(4) the treatment facility submits to the department a copy of its annual accreditation review from the accreditation commission in addition to the application, fee, and any report required for renewal of a license or for certification, as applicable; and

(5) the department has:

(A) determined whether a waiver or authorization from a federal agency is necessary under federal law, including for federal funding purposes, before the department accepts an annual accreditation review from the accreditation commission:

(i) instead of an inspection for license renewal purposes;

(ii) as satisfying the requirements for certification by the department for participation in the medical assistance program; or

(iii) as satisfying the requirements for certification by the department for participation in the federal Medicare program; and

(B) obtained any necessary federal waivers or authorizations.

(c) Except as specifically provided by this section, this section does not limit the department in performing any duties and inspections authorized by this chapter or under any contract relating to the medical assistance program under Chapter 32, Human Resources Code, and Titles XVIII and XIX of the Social Security Act (42 U.S.C. Sections 1395 et seq. and 1396 et seq.), including authority to take appropriate action relating to a treatment facility, such as closing the treatment facility.

(d) This section does not require a treatment facility to obtain accreditation from an accreditation commission.

SECTION 3. Section 464.005, Health and Safety Code, as amended by this Act, and Section 464.0055, Health and Safety Code, as added by this Act, apply only to the renewal of a license to operate a chemical dependency treatment facility that expires on or after the effective date of this Act. A license that expires before that date is governed by the law in effect on the date the license expires, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2011.