| TO: | Honorable Richard Peña Raymond, Chair, House Committee On Human Services |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | HB33 by Menéndez (Relating to alternative methods of dispute resolution in certain disputes between the Department of Aging and Disability Services and an assisted living facility licensed by the department.), As Introduced |
The bill would amend Section 247.051, Health and Safety Code, regarding the informal dispute resolution process to address disputes between an assisted living facility and the Department of Aging and Disability Services (DADS) in response to the results of a survey conducted by DADS.
The bill adds a new subchapter to Chapter 247, Health and Safety Code, regarding arbitration between an assisted living facility and DADS. The new subchapter would establish that any dispute relating to licensing renewal, suspension or revocation issues, or assessment of civil or administrative penalties shall be subject to the arbitration process. On request of the department, the Attorney General (OAG) may represent the department. The bill requires that the arbitration and appointment of an arbitrator shall be conducted in accordance with rules adopted by the State Office of Administrative Hearings (SOAH). The bill would require the party that elects arbitration to pay the cost of the arbitration, in an amount not to exceed $1,000 per day.
The Health and Human Services Commission, DADS, and SOAH indicate any cost to implement provisions of the bill would be minimal and can be absorbed within available resources. It is assumed the OAG also could absorb any cost to implement provisions of the bill within available resources.
| Source Agencies: | 302 Office of the Attorney General, 360 State Office of Administrative Hearings, 529 Health and Human Services Commission, 539 Aging and Disability Services, Department of
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| LBB Staff: | UP, CL, LL, VJC
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