Amend CSSB 204 (senate committee report), by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 247.051(a), Health and Safety Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a)  The executive commissioner by rule shall establish an informal dispute resolution process to address disputes between a facility and the department concerning a statement of violations prepared by the department in accordance with this section. The process must provide for adjudication by an appropriate disinterested person of disputes relating to a statement of violations. The informal dispute resolution process must require:

(1)  the assisted living facility to request informal dispute resolution not later than the 10th day after the date of notification by the department of the violation of a standard or standards;

(2)  that the [commission to complete the] process be completed not later than the 90th day after the date of receipt of a request from the assisted living facility for informal dispute resolution;

(3)  that, not later than the 10th business day after the date an assisted living facility requests an informal dispute resolution, the department forward to the assisted living facility a copy of all information that is referred to in the disputed statement of violations or on which a citation is based in connection with the survey, inspection, investigation, or other visit, excluding:

(A)  the name of any complainant, witness, or informant;

(B)  any information that would reasonably lead to the identification of a complainant, witness, or informant;

(C)  information obtained from or contained in the records of the facility;

(D)  information that is publicly available; or

(E)  information that is confidential by law;

(4)  that [the commission to give] full consideration is given to all [factual] arguments raised during the informal dispute resolution process that:

(A)  are supported by references to specific information that the facility or department relies on to dispute or support findings in the statement of violations; and

(B)  are provided by the proponent of the argument [to the commission] and the opposing party;

(5)  that full consideration is given during the informal dispute resolution process [staff give full consideration] to the information provided by the assisted living facility and the department;

(6)  that ex parte communications concerning the substance of any argument relating to a survey, inspection, investigation, visit, or statement of violations under consideration not occur between the informal dispute resolution staff and the assisted living facility or the department; and

(7)  that the assisted living facility and the department be given a reasonable opportunity to submit arguments and information supporting the position of the assisted living facility or the department and to respond to arguments and information presented against them.

SECTION ____.  Section 531.058(a), Government Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, and Section 531.058(c), Government Code, are amended to read as follows:

(a)  The executive commissioner by rule shall establish an informal dispute resolution process in accordance with this section.  The process must provide for adjudication by an appropriate disinterested person of disputes relating to a proposed enforcement action or related proceeding of the commission under Section 32.021(d), Human Resources Code, or the Department of Aging and Disability Services under Chapter 242, 247, or 252, Health and Safety Code.  The informal dispute resolution process must require:

(1)  an institution or facility to request informal dispute resolution not later than the 10th calendar day after notification by the commission or department, as applicable, of the violation of a standard or standards; and

(2)  the completion of [commission to complete] the process not later than:

(A)  the 30th calendar day after receipt of a request from an institution or facility, other than an assisted living facility, for informal dispute resolution; or

(B)  the 90th calendar day after receipt of a request from an assisted living facility for informal dispute resolution.

(c)  The commission may not delegate its responsibility to administer the informal dispute resolution process established by this section to another state agency. This section does not apply to the informal dispute resolution process established by Section 247.051, Health and Safety Code, applicable to assisted living facilities licensed under Chapter 247, Health and Safety Code.

SECTION ____.  Section 247.051(b), Health and Safety Code, is repealed.