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ANALYSIS
S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, was signed by the Governor on April 2,
2015, giving effect to the bill on that date. C.S.S.B. 204 makes technical
and conforming changes to align with the changes in law enacted by S.B. 219.
Changes adult day care
name
C.S.S.B. 204 changes references
in statute from “adult day care” to “adult day services.”
Requires the Department
of Aging and Disability Services (DADS) to ensure progressive sanctions for
serious or repeated violations by long-term care providers
C.S.S.B. 204 requires the executive
commissioner of the Health and Human Services Commission (HHSC) to create by
rule matrices of progressive sanctions that DADS must use to assess penalty
amounts and impose disciplinary actions for violations committed by home
health agencies, nursing homes, assisted living facilities, intermediate care
facilities for people with intellectual disabilities (ICFs), and adult day
services facilities. The matrices must provide for increasing amounts of
administrative penalties based on type, frequency, and seriousness of
violations, and must provide guidance for determining appropriate penalties
to deter future violations. The matrices must also provide for imposing
stronger sanctions, including license suspension or revocation, for more
serious or repeated violations to deter future violations. The matrices must
describe appropriate timeframes to be used in determining whether a provider
has committed repeated violations. For home health agencies, the matrix must
provide for imposing lesser sanctions for lesser violations.
C.S.S.B. 204 requires the
executive commissioner to solicit input from stakeholders before publishing
proposed rules regarding the matrices, and requires the executive
commissioner to adopt the matrices by rule not later than September 1, 2016.
Increases administrative
penalty amounts
C.S.S.B. 204 increases the
maximum penalty DADS may assess against a home health agency from $1,000 for
each violation to $5,000 for each violation. The bill increases the maximum
penalty DADS may assess against an assisted living facility from $1,000 to
$5,000 for each violation, adds that each day a violation occurs or continues
after DADS provides written notification of the violation is a separate
violation for purposes of imposing a penalty, and specifies that any days of
violation that occurred on or before the date DADS provided notification is
considered a single violation. The bill removes the cap on the total amount
of administrative penalties DADS may assess for ICFs that commit a violation that
continues on separate days.
Limits “right to correct”
provisions to minor violations
C.S.S.B. 204 requires the
executive commissioner of HHSC to define in rule the types of minor
violations providers may correct before DADS imposes a penalty on home health
agencies, nursing homes, assisted living facilities, ICFs, and adult day
services facilities. The bill requires the executive commissioner to ensure
that all other violations are not subject to a right to correct. The bill
removes from statute language specifying the serious violations for which
DADS may assess a penalty without providing a reasonable time period to
correct.
Requires the executive
commissioner of HHSC to revoke the license of a nursing home found to have
three or more serious violations related to the abuse or neglect of a
resident in a two-year period
C.S.S.B. 204 requires the
executive commissioner to revoke the license of a nursing home when the home
commits three violations within two years that constitute an immediate threat
to health and safety related to the abuse or neglect of a resident, and each
of the violations is reported in connection with a separate survey,
inspection, or investigation visit that occurred on separate entrance and
exit dates. The bill specifies the circumstances under which the executive
commissioner may not revoke a license when a nursing home commits three
violations within two years that constitute an immediate threat to health and
safety related to the abuse or neglect of a resident. The bill adds
definitions of “abuse,” “immediate threat to health and safety,” and
“neglect” for purposes of these provisions.
C.S.S.B. 204 also authorizes
the executive commissioner to stay a license revocation described above in
certain circumstances, and requires the executive commissioner to follow
negotiated rulemaking procedures when establishing criteria in rules for
staying a revocation. The bill requires the criteria to permit the executive
commissioner to stay a license revocation for a facility for which DADS has
deployed a rapid response team, if the facility has cooperated with the team
and demonstrated improvement in the quality of care.
C.S.S.B. 204 authorizes DADS to
request the appointment of a trustee to operate the nursing home, help the facility
obtain a new operator, or assist with the relocation of the residents to
another facility in the case of a license revocation described above.
C.S.S.B. 204 establishes the
intent of the Legislature to establish a ceiling or maximum number of violations
related to the abuse and neglect of a resident that a facility can commit
before the executive commissioner is required to revoke the facility’s
license, and establishes that these changes are not intended to limit or
diminish DADS’ permissive authority to revoke a license under Chapter 242,
Health and Safety Code. The bill specifies that Sections 242.061(a-2) and
(a-3), Health and Safety Code, as added by the bill, take effect September 1,
2016, and apply only to violations committed on or after September 1, 2016.
Amends quality-of-care
monitoring and rapid response teams for long-term care facilities
C.S.S.B. 204 amends provisions
for quality-of-care monitoring visits to require visits for long-term care
facilities identified as medium risk. The bill also authorizes a long-term
care facility to request a monitoring visit. The bill amends provisions for
quality-of-care monitoring assessments to require quality-of-care monitors to
assess conditions identified through the facility’s quality measure reports
based on Minimum Data Set Resident Assessments. The bill requires DADS to
schedule a follow-up visit not later than the 45th day after the date of an
initial monitoring visit. The bill adds the long-term care facility
administrator to the list of those who must be notified immediately of
conditions observed by the quality-of-care monitor that create an immediate
threat to the health or safety of a resident.
C.S.S.B. 204 amends provisions
for rapid response teams to specify that a team can visit a long-term care
facility that is identified as high risk or a nursing home that has committed
three violations within two years that constitute an immediate threat to
health and safety related to the abuse or neglect of a resident. The bill
requires a long-term care facility to cooperate with a rapid response team. The
bill adds definitions of “abuse,” “immediate threat to health and safety,”
and “neglect,” for purposes of these provisions.
Amends the informal
dispute resolution process for nursing homes
C.S.S.B. 204 requires HHSC to
contract with an appropriate disinterested person who is a nonprofit
organization as part of the informal dispute resolution process for nursing
homes to adjudicate disputes between nursing homes and DADS concerning a
statement of violations prepared by DADS in connection with a survey
conducted by DADS. The bill specifies that Section 2009.053 of the Government
Code regarding alternative dispute resolution for use by government bodies
does not apply to the selection of an appropriate disinterested person. The
bill requires the executive commissioner to adopt rules as soon as
practicable after the effective date of the bill to implement the new
process. The bill also requires DADS and HHSC, as appropriate and as soon as
practicable after the effective date of the bill, to revise or enter into a
memorandum of understanding as required by a federal agency that is necessary
to implement the new process.
Amends the informal
dispute resolution process for assisted living facilities
C.S.S.B. 204 removes the
requirement that HHSC administer the informal dispute resolution process for
disputes between assisted living facilities and DADS regarding violations.
Requires DADS to expand
crisis intervention teams
C.S.S.B. 204 requires DADS to
evaluate the effectiveness of various models of crisis intervention teams
that are funded under a federal waiver and operated by a local intellectual
and developmental disability (IDD) authority. The bill defines “crisis
intervention team” as a team of individuals specially trained to provide
services and support to persons with IDD who have behavioral health needs and
who are at risk of institutionalization. The bill requires DADS, not later
than March 1, 2016, to select one or more models for crisis intervention
teams that DADS determines best provides comprehensive, cost-effective
support for implementation. The bill requires DADS to determine the areas in
the state in which local IDD authorities do not operate crisis intervention
teams. Subject to available funding, the bill requires DADS to develop a
statewide system of locally managed crisis teams by expanding existing teams
to reach other service areas or implementing new teams in accordance with a
model selected for implementation.
Establishes the State
Supported Living Center Restructuring Commission
C.S.S.B. 204 establishes a
temporary subchapter in the Health and Safety Code set to expire September 1,
2025, regarding state supported living center restructuring and closures. The
bill establishes the eight-member State Supported Living Center (SSLC) Restructuring
Commission and requires the Governor to appoint five individuals to the
Commission by September 1, 2015. The bill requires the head or designee of
HHSC, the Texas Facilities Commission, and the General Land Office to serve
as the remaining three non-voting ex officio members to provide relevant
expertise. The bill also establishes conflict of interest criteria for
Commission members.
C.S.S.B. 204 requires the
Restructuring Commission to evaluate each SSLC to determine whether closure
of the center is recommended to maintain only the number of centers necessary
to meet the level of need in the state. The bill specifies 11 criteria the
Restructuring Commission must consider in its evaluation and also allows the
Restructuring Commission to add its own criteria. To solicit input during
the evaluation process, the Restructuring Commission must hold public
hearings throughout the state in a manner that accommodates people with
disabilities and their families. The bill requires the Restructuring
Commission to report to the Governor and the Legislature its evaluation of
each SSLC and, if applicable, proposal for the closure of certain centers, by
December 1, 2016. The bill requires the 85th Legislature to consider
legislation proposing closure of any centers recommended for closure and
prohibits amendments to the legislation. If the Legislature enacts law to
close a center, the bill requires DADS to close each SSLC approved by the Legislature
for closure by August 31, 2025. The bill abolishes the Restructuring
Commission on January 1, 2017, and the section establishing the Commission
also expires on that date.
Requires DADS to close
the Austin State Supported Living Center by August 2017
C.S.S.B. 204 requires DADS to
establish a closure plan for the Austin State Supported Living Center and
close the center by August 31, 2017. The bill requires the closure plan to
provide for the transition of residents to the community or another SSLC.
The bill provides that all net proceeds from the sale or lease of the Austin
SSLC may only be appropriated for services for people with IDD including
those with a dual diagnosis of IDD and mental illness. The bill allows DADS
to award one-time retention bonuses to certain eligible staff who agree to
continue working at the Austin SSLC until the center is closed. The bill
requires DADS to evaluate the closure process not later than August 31, 2018,
including how well the closure plan worked, and, if appropriate, establish
policies for improving the closure process for future closures of other
SSLCs. The bill specifies that the section providing for closure of the
Austin SSLC expires September 1, 2018.
Establishes fees in rule
for SSLC services provided to community clients
C.S.S.B. 204 requires the
executive commissioner of HHSC to establish by rule a list of services an
SSLC may provide to qualified DADS’ clients living in the community, and a
schedule of fees the SSLC may charge for those services no later than
September 1, 2016. The bill requires the executive commissioner to use the
reimbursement rate for the applicable service under the Medicaid program.
Requires improvements to
DADS’ long-term care consumer information website
C.S.S.B. 204 requires DADS to
include certain information on its website for consumers about long-term care
providers including a rating indicating the quality of care provided;
information concerning quality of care, as that information becomes
available; staff turnover, as available; ratio of staff to residents; and the
provider’s regulatory performance, as available. The bill exempts assisted
living facilities from having a rating. The bill requires DADS to
immediately note on the website when a provider loses its Medicaid
certification. The bill also requires DADS to periodically solicit input on
the content, usability, and accessibility of the website from consumers,
consumer advocates, long-term care services providers, and the general
public.
Requires certain
providers to annually report day habilitation services information
C.S.S.B. 204 defines “day
habilitation services” and “day habilitation services providers,” and
requires each community-based IDD services provider and ICF program provider
to annually report to DADS the following information: an estimate of the
number of clients receiving day habilitation services for each month of that
year; the physical address of each day habilitation services provider that
provided those services; the services provided to those clients; and an
estimate of monthly expenditures for the provision of those services. The
bill requires DADS to maintain information on violations found at a day
habilitation facility during a DADS inspection. The bill requires DADS to
maintain information received from DFPS on abuse, neglect, or exploitation in
day habilitation facilities.
Requires the Department
of Family and Protective Services to report annually on abuse, neglect, and
exploitation investigations in day habilitation facilities
C.S.S.B. 204 requires the
Department of Family and Protective Services (DFPS) to track and report to
DADS on the number of investigations of abuse, neglect, and exploitation at
day habilitation facilities, and whether the investigations concluded the
allegations were confirmed, unconfirmed, inconclusive, or unfounded. DFPS
must provide this information annually. The bill clarifies that DFPS must
continue to investigate a community-based IDD services or ICF program
provider for any abuse, neglect, or exploitation of a person under the
provider’s care.
Establishes a day
habilitation program advisory committee
C.S.S.B. 204 requires DADS to
establish an advisory committee to address the redesign and potential
licensure or certification of day habilitation programs. The bill requires
DADS to appoint members to the committee representing community-based waiver
providers, day habilitation services providers, and advocates by September 1,
2015. The bill requires the committee to examine whether day habilitation
service providers currently comply with recent federal guidelines that define
the settings in which states may provide services in home and community-based
waivers for people with IDD. The bill requires the committee to consider and
make recommendations concerning issues relevant to the provision of day
habilitation services, including appropriate funding for services;
reimbursable settings and services; staff-to-client ratio requirements;
safety requirements; and other required or applicable standards. The bill
requires the committee to make its recommendations concerning the redesign of
day habilitation services and the necessity for regulation, licensure, or
certification of day habilitation services providers to the Governor and Legislature
no later than September 1, 2016. The bill abolishes the advisory committee on
December 31, 2016, and the section establishing the committee also expires on
that date.
Transfers aging and
disability services to HHSC, contingent on DADS not being continued in other
legislation
In the event that DADS is not
continued in other legislation, C.S.S.B. 204 transfers DADS’ administrative
support services functions as determined by the executive commissioner,
client services, and all functions of the Aging and Disability Services
Council (Council) to HHSC by September 1, 2016. The bill transfers all
remaining functions to HHSC by September 1, 2017, and clarifies that DADS’
powers and duties with respect to a function are not reduced or limited until
the function is transferred to HHSC. The bill repeals numerous provisions in
the Human Resources Code as the functions transfer, and specifies that
implementation of a repealed provision ceases on the date all functions of
DADS or the Council are transferred to HHSC, to the extent that DADS or the
Council is responsible for the provision’s implementation. The bill
establishes definitions of “administrative support services” and “function” for
purposes of the transfer. The bill also provides that the subchapter providing
for the transfer of functions from DADS to HHSC expires on September 1, 2019.
The bill specifies that the transfer provisions take effect September 1,
2015, if DADS is not continued in other legislation of the 84th Legislature,
Regular Session.
C.S.S.B. 204 establishes that a
reference to DADS in relation to a transferred function means HHSC or the
division of HHSC performing the function after its transfer. The bill
establishes that a reference to the Texas Department on Aging, Texas Department
of Human Services, and the Texas Department of Mental Health and Mental
Retardation, or to the chief executive officer or governing body of those
agencies, in relation to a transferred function means HHSC or the division of
HHSC performing the function after its transfer. The bill establishes that a
reference to the commissioner in relation to a transferred function means the
executive commissioner, the executive commissioner’s designee, or the
director of the HHSC division performing the function after its transfer.
C.S.S.B. 204 establishes that a reference to the Council in relation to a
transferred function means the executive commissioner or the executive
commissioner’s designee, as appropriate, and that a function previously
performed by the Council is a function of that appropriate person.
C.S.S.B. 204 establishes that
all of the following related to a function that is transferred also transfer:
all obligations and contracts; all property and records in the custody of
DADS or the Council; all funds appropriated by the Legislature and other
money; all complaints, investigations, or contested cases that are pending
before DADS or the commissioner, without change in status; and all necessary
personnel, as determined by the executive commissioner of HHSC.
C.S.S.B. 204 also establishes
that a rule, policy, or form adopted by or on behalf of DADS or the Council
related to a function that is transferred becomes a rule, policy, or form of
HHSC on transfer of the function. The rule, policy, or form remains in effect
until changed by the executive commissioner or HHSC, or unless it conflicts
with a rule, policy, or form of HHSC. The bill specifies that a license,
permit, or certification in effect that was issued by DADS that relates to a
transferred function is continued in effect as a license, permit, or
certification of HHSC on transfer of the related function until the license,
permit, or certification expires, is suspended or revoked, or otherwise
becomes invalid.
C.S.S.B. 204 specifies that an
action brought or proceeding commenced before the transfer date, including a
contested case or a remand of an action or proceeding by a reviewing court,
is governed by the laws and rules applicable to the action or proceeding
before the transfer.
C.S.S.B. 204 establishes that
Section 325.017 of the Government Code, procedure after termination, does not
apply to DADS, and the bill also amends the DADS’ sunset provision to no
longer require expiration of Human Resources Code Chapter 161, DADS’ enabling
statute.
C.S.S.B. 204 requires HHSC as
soon as appropriate to take appropriate action, and in a manner that
minimizes disruption of services, to be designated as the state agency
responsible under federal law for any state or federal program that is
transferred from DADS to HHSC and for which federal law requires the
designation of a responsible state agency.
Requires application for
waiver
C.S.S.B. 204 requires DADS or
HHSC, as appropriate and as soon as possible after the effective date of the
bill, to apply for any waiver or other authorization from a federal agency
that is necessary to implement the bill, and specifies that DADS and HHSC may
delay implementing the bill until the waiver or authorization is granted.
Repealers
C.S.S.B. 204 repeals the following
sections, including provisions as added or amended by S.B. 219, Acts of the
84th Legislature, Regular Session, 2015.
Effective upon passage of
the bill or, if the bill does not receive the necessary vote, September 1,
2015
Health and Safety Code
Section 247.051(b)
Human Resources Code
Section 101A.158
Effective September 1, 2016
Human
Resources Code
Section 161.021
Section 161.022
Section 161.023
Section 161.024
Section 161.025
Section 161.026
Section 161.027
Section 161.028
Section 161.029
Section
161.030
Effective September 1, 2017
Human Resources Code
Section 161.002
Section
161.032
Section 161.051
Section 161.052
Section 161.053
Section 161.054
Section 161.055
Section 161.056
Section 161.0711
Section 161.0712
Section
161.072
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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
81.042(e), Health and Safety Code, is amended to read as follows:
(e) The following persons
shall report to the local health authority or the department a suspected
case of a reportable disease and all information known concerning the
person who has or is suspected of having the disease if a report is not
made as required by Subsections (a)-(d):
(1) a professional
registered nurse;
(2) an administrator or
director of a public or private temporary or permanent child-care facility;
(3) an administrator or
director of a nursing home, personal care home, adult respite care center,
or day activity and health services
program or facility [adult
day-care center];
(4) an administrator of a
home health agency;
(5) an administrator or
health official of a public or private institution of higher education;
(6) an owner or manager of a
restaurant, dairy, or other food handling or processing establishment or
outlet;
(7) a superintendent,
manager, or health official of a public or private camp, home, or
institution;
(8) a parent, guardian, or
householder;
(9) a health professional;
(10) an administrator or
health official of a penal or correctional institution; or
(11) emergency medical
service personnel, a peace officer, or a firefighter.
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SECTION 1. Section
81.042(e), Health and Safety Code, is amended to read as follows:
(e) The following persons
shall report to the local health authority or the department a suspected
case of a reportable disease and all information known concerning the
person who has or is suspected of having the disease if a report is not
made as required by Subsections (a)-(d):
(1) a professional
registered nurse;
(2) an administrator or
director of a public or private temporary or permanent child-care facility;
(3) an administrator or
director of a nursing home, personal care home, adult respite care center,
or adult day services facility [day-care
center];
(4) an administrator of a
home health agency;
(5) an administrator or
health official of a public or private institution of higher education;
(6) an owner or manager of a
restaurant, dairy, or other food handling or processing establishment or
outlet;
(7) a superintendent,
manager, or health official of a public or private camp, home, or
institution;
(8) a parent, guardian, or
householder;
(9) a health professional;
(10) an administrator or
health official of a penal or correctional institution; or
(11) emergency medical
service personnel, a peace officer, or a firefighter.
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SECTION 2. Subchapter A,
Chapter 142, Health and Safety Code, is amended by adding Section 142.0125
to read as follows:
Sec. 142.0125. PROGRESSIVE
SANCTIONS. (a) The executive commissioner by rule shall create a matrix
of progressive sanctions that the department must use to assess penalty
amounts and impose disciplinary actions under this chapter appropriately
and fairly for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law for which
this chapter provides a sanction.
(b) The matrix of
progressive sanctions adopted under this section must provide for increases
in amounts of administrative penalties based on type, frequency, and
seriousness of violations and must provide guidance for determining
appropriate and graduated administrative penalties to assess under this
chapter to deter future violations, including guidance on considering the
factors listed in this chapter for determining the amount of a penalty.
(c) The matrix of
progressive sanctions adopted under this section must provide for imposing
stronger sanctions, including license suspension or revocation, for more
serious violations or for repeated violations as appropriate to deter
future serious or repeated violations. The matrix of progressive sanctions
must describe appropriate time frames to be used in determining whether a
home and community support services agency has committed repeated
violations or has engaged in a pattern of repeated violations, such as
repeated violations found in consecutive regular inspections.
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SECTION 2. Subchapter A,
Chapter 142, Health and Safety Code, is amended by adding Section 142.0125
to read as follows:
Sec. 142.0125.
PROGRESSIVE SANCTIONS. (a) The executive commissioner by rule shall
create a matrix of progressive sanctions that the department must use to
assess penalty amounts and impose disciplinary actions under this chapter
appropriately and fairly for a violation of a law, rule, standard, or order
adopted or license issued under this chapter or for a violation of other
law for which this chapter provides a sanction.
(b) The matrix of
progressive sanctions adopted under this section must provide for increases
in amounts of administrative penalties based on type, frequency, and
seriousness of violations and must provide guidance for determining
appropriate and graduated administrative penalties to assess under this
chapter to deter future violations, including guidance on considering the
factors listed in this chapter for determining the amount of a penalty.
(b-1) The matrix of progressive sanctions adopted under this
section must provide for imposing lesser sanctions for lesser violations,
which may include violations that:
(1) are technical, clerical, or de minimis in nature;
(2) do not involve abuse, neglect, or exploitation of a client;
and
(3) do not cause injury or impairment to a client or cause the
death of a client.
(c) The matrix of
progressive sanctions adopted under this section must provide for imposing
stronger sanctions, including license suspension or revocation, for more
serious violations or for repeated violations as appropriate to deter
future serious or repeated violations. The matrix of progressive sanctions
must describe appropriate time frames to be used in determining whether a
home and community support services agency has committed repeated
violations or has engaged in a pattern of repeated violations, such as
repeated violations found in consecutive regular inspections.
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SECTION 3. Sections
142.017(b) and (j), Health and Safety Code, are amended.
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SECTION 3. Same as engrossed
version.
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SECTION 4. Section
164.003(5), 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:
(5) "Mental health
facility" means:
(A) a "mental health
facility" as defined by Section 571.003;
(B) a residential treatment
facility, other than a mental health facility, in which persons are treated
for emotional problems or disorders in a 24-hour supervised living
environment; and
(C) a day activity and health services [an adult day-care] facility as
defined by Section 103.003, Human Resources Code.
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SECTION 4. Section
164.003(5), 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:
(5) "Mental health
facility" means:
(A) a "mental health
facility" as defined by Section 571.003;
(B) a residential treatment
facility, other than a mental health facility, in which persons are treated
for emotional problems or disorders in a 24-hour supervised living
environment; and
(C) an adult day services [day-care] facility as
defined by Section 103.003, Human Resources Code.
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SECTION 5. (a) It is the
intent of the legislature that Section 242.061, Health and Safety Code, as
amended by this section, establish a ceiling or maximum number of violations
related to the abuse and neglect of a resident that a facility can commit
before the Department of Aging and
Disability Services is required to revoke the facility's license.
The changes in law made by this section are not intended to limit or
diminish the department's permissive authority to revoke a license under
Chapter 242, Health and Safety Code.
(b) Section 242.061, Health
and Safety Code, is amended by amending Subsection (a) and adding
Subsections (a-1), (a-2), (a-3), (c-1), and (e) to read as follows:
(a) In this section:
(1) "Abuse" has
the meaning assigned by Section 260A.001.
(2) "Immediate
threat to health and safety" means a situation in which immediate
corrective action is necessary because the facility's noncompliance with
one or more requirements has caused, or is likely to cause, serious injury,
harm, impairment, or death to a resident.
(3) "Neglect"
has the meaning assigned by Section 260A.001.
(a-1) The department,
after providing notice and opportunity for a hearing to the applicant or
license holder, may deny, suspend, or revoke a license if the department
finds that the applicant, the license holder, or any other person described
by Section 242.032(d) has:
(1) violated this chapter or
a rule, standard, or order adopted or license issued under this chapter in
either a repeated or substantial manner;
(2) committed any act
described by Sections 242.066(a)(2)-(6); or
(3) failed to comply with
Section 242.074.
(a-2) Except as provided
by Subsection (a-3) or (e), the department
shall revoke a license under Subsection (a-1) if the department finds that:
(1) the license holder
has committed three violations described by Subsection (a-1), within a
24-month period, that constitute an immediate threat to health and safety
related to the abuse or neglect of a resident; and
(2) each of the
violations described by Subdivision (1) are reported in connection with
separate surveys, inspections, or investigation visits.
(a-3) The department may not revoke a license under
Subsection (a-2) due to a violation described by Subsection (a-2)(1), if:
(1) the violation is not
included on the written list of violations left with the facility at the
time of the initial exit conference under Section 242.0445(b) for a survey,
inspection, or investigation;
(2) the violation is not
included on the final statement of violations described by Section
242.0445; or
(3) the violation has
been reviewed under the informal dispute resolution process established by
Section 531.058, Government Code, and a determination was made that:
(A) the violation should
be removed from the license holder's record; or
(B) the violation is
reduced in severity so that the violation is no longer cited as an
immediate threat to health and safety related to the abuse or neglect of a
resident.
(c-1) In the case of
revocation of a license under Subsection (a-2), to ensure the health and
safety of residents of the institution, the department may:
(1) request the
appointment of a trustee to operate the institution under Subchapter D;
(2) obtain a new operator for the institution;
or
(3) assist with the
relocation of residents to another institution.
(e) The executive
commissioner may waive a license
revocation required by Subsection (a-2) if the executive commissioner
determines that the waiver would not
jeopardize the health and safety of the residents of the facility or place
the residents at risk of abuse or neglect. The executive commissioner by
rule shall establish criteria under which a
waiver may be granted as provided by this subsection. The executive
commissioner may provide a waiver
for a veterans home, as defined by Section 164.002, Natural Resources Code,
if the Veterans' Land Board contracts with a different entity to operate
the veterans home than the entity that operated the home during the period
in which the violations described by Subsection (a-2) occurred.
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SECTION 5. (a) It is the
intent of the legislature that Section 242.061, Health and Safety Code, as
amended by this section, establish a ceiling or maximum number of
violations related to the abuse and neglect of a resident that a facility
can commit before the executive
commissioner is required to revoke the facility's license. The
changes in law made by this section are not intended to limit or diminish
the department's permissive authority to revoke a license under Chapter
242, Health and Safety Code.
(b) Section 242.061, Health
and Safety Code, is amended by amending Subsection (a) and adding
Subsections (a-1), (a-2), (a-3), (c-1), (e), and (e-1) to read as follows:
(a) In this section:
(1) "Abuse" has
the meaning assigned by Section 260A.001.
(2) "Immediate
threat to health and safety" means a situation in which immediate
corrective action is necessary because the facility's noncompliance with
one or more requirements has caused, or is likely to cause, serious injury,
harm, impairment, or death to a resident.
(3) "Neglect"
has the meaning assigned by Section 260A.001.
(a-1) The department,
after providing notice and opportunity for a hearing to the applicant or
license holder, may deny, suspend, or revoke a license if the department
finds that the applicant, the license holder, or any other person described
by Section 242.032(d) has:
(1) violated this chapter or
a rule, standard, or order adopted or license issued under this chapter in
either a repeated or substantial manner;
(2) committed any act
described by Sections 242.066(a)(2)-(6); or
(3) failed to comply with
Section 242.074.
(a-2) Except as provided
by Subsection (a-3) or (e-1), the executive
commissioner shall revoke a license under Subsection (a-1) if the
department finds that:
(1) the license holder
has committed three violations described by Subsection (a-1), within a
24-month period, that constitute an immediate threat to health and safety
related to the abuse or neglect of a resident; and
(2) each of the
violations described by Subdivision (1) is reported in connection with a
separate survey, inspection, or investigation visit that occurred on separate entrance and exit dates.
(a-3) The executive commissioner may not revoke a
license under Subsection (a-2) due to a violation described by Subsection
(a-2)(1), if:
(1) the violation and the determination of immediate threat to
health and safety are not included on the written list of violations
left with the facility at the time of the initial exit conference under
Section 242.0445(b) for a survey, inspection, or investigation;
(2) the violation is not
included on the final statement of violations described by Section
242.0445; or
(3) the violation has
been reviewed under the informal dispute resolution process established by
Section 531.058, Government Code, and a determination was made that:
(A) the violation should
be removed from the license holder's record; or
(B) the violation is
reduced in severity so that the violation is no longer cited as an
immediate threat to health and safety related to the abuse or neglect of a
resident.
(c-1) In the case of
revocation of a license under Subsection (a-2), to ensure the health and
safety of residents of the institution, the department may:
(1) request the
appointment of a trustee to operate the institution under Subchapter D;
(2) assist with obtaining a new operator for
the institution; or
(3) assist with the
relocation of residents to another institution.
(e) The executive
commissioner may stay a license
revocation required by Subsection (a-2) if the executive commissioner
determines that the stay would not
jeopardize the health and safety of the residents of the facility or place
the residents at risk of abuse or neglect. The executive commissioner by
rule shall establish criteria under which a
license revocation may be stayed under this subsection. The executive commissioner shall follow
negotiated rulemaking procedures prescribed by Chapter 2008, Government
Code, for the adoption of rules establishing the criteria. The criteria
established must permit the executive commissioner to stay a license
revocation of a nursing facility for which the department has deployed a
rapid response team under Section 255.004, if the facility has cooperated with the rapid response team and
demonstrated improvement in quality of care, as determined by the rapid
response team.
(e-1) The executive
commissioner may stay a license revocation
required by Subsection (a-2) for a veterans home, as defined by
Section 164.002, Natural Resources Code, if the Veterans' Land Board
contracts with a different entity to operate the veterans home than the
entity that operated the home during the period in which the violations
described by Subsection (a-2) occurred.
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SECTION 6. Subchapter C,
Chapter 242, Health and Safety Code, is amended.
|
SECTION 6. Same as engrossed
version.
|
|
SECTION 7. Section
242.0615(a), Health and Safety Code, is amended.
|
SECTION 7. Same as engrossed
version.
|
|
SECTION 8. Section
242.0665(b), Health and Safety Code, is amended.
|
SECTION 8. Same as engrossed
version.
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|
SECTION 9. Subchapter C,
Chapter 247, Health and Safety Code, is amended.
|
SECTION 9. Same as engrossed
version.
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|
SECTION 10. Section
247.0451(b), Health and Safety Code, is amended to read as follows:
(b) Except as provided by
Section 247.0452(c), the penalty may not exceed $5,000 [$1,000]
for each violation. Each day a violation occurs or continues is a
separate violation for purposes of imposing a penalty.
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SECTION 10. Section
247.0451(b), Health and Safety Code, is amended to read as follows:
(b) Except as provided by
Section 247.0452(c), the penalty may not exceed $5,000 [$1,000]
for each violation. Each day a violation occurs or continues after the date the department provides written
notification of the violation is considered a separate violation. The violation is considered a single violation
for any days of violation that occurred on or before the date the department
provides written notification of the violation.
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|
SECTION 11. Section
247.0452(b), Health and Safety Code, is amended.
|
SECTION 11. Same as engrossed
version.
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|
SECTION 12. 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.
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SECTION 12. Same as engrossed
version.
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SECTION 13. Section
250.001(3), 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:
(3) "Facility"
means:
(A) a nursing facility,
custodial care home, or other institution licensed by the Department of
Aging and Disability Services under Chapter 242;
(B) an assisted living
facility licensed by the Department of Aging and Disability Services under
Chapter 247;
(C) a home and community
support services agency licensed under Chapter 142;
(D) a day activity and health services [an adult day care] facility
licensed by the Department of Aging and Disability Services under Chapter
103, Human Resources Code;
(E) an ICF-IID licensed
under Chapter 252;
(F) an adult foster care
provider that contracts with the Department of Aging and Disability
Services;
(G) a facility that provides
mental health services and that is operated by or contracts with the
Department of State Health Services;
(H) a local mental health
authority designated under Section 533.035 or a local intellectual and
developmental disability authority designated under Section 533.035;
(I) a person exempt from
licensing under Section 142.003(a)(19);
(J) a special care facility
licensed by the Department of State Health Services under Chapter 248;
(K) a mental health service
unit of a hospital licensed under Chapter 241; or
(L) a prescribed pediatric
extended care center licensed by the Department of Aging and Disability
Services under Chapter 248A.
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SECTION 13. Section
250.001(3), 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:
(3) "Facility"
means:
(A) a nursing facility,
custodial care home, or other institution licensed by the Department of
Aging and Disability Services under Chapter 242;
(B) an assisted living
facility licensed by the Department of Aging and Disability Services under
Chapter 247;
(C) a home and community
support services agency licensed under Chapter 142;
(D) an adult day services [care] facility licensed
by the Department of Aging and Disability Services under Chapter 103, Human
Resources Code;
(E) an ICF-IID licensed
under Chapter 252;
(F) an adult foster care
provider that contracts with the Department of Aging and Disability
Services;
(G) a facility that provides
mental health services and that is operated by or contracts with the
Department of State Health Services;
(H) a local mental health
authority designated under Section 533.035 or a local intellectual and
developmental disability authority designated under Section 533.035;
(I) a person exempt from
licensing under Section 142.003(a)(19);
(J) a special care facility
licensed by the Department of State Health Services under Chapter 248;
(K) a mental health service
unit of a hospital licensed under Chapter 241; or
(L) a prescribed pediatric
extended care center licensed by the Department of Aging and Disability
Services under Chapter 248A.
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SECTION 14. Subchapter C,
Chapter 252, Health and Safety Code, is amended.
|
SECTION 14. Same as engrossed
version.
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SECTION 15. Section 252.065,
Health and Safety Code, is amended.
|
SECTION 15. Same as engrossed
version.
|
|
SECTION 16. Section 255.003,
Health and Safety Code, is amended.
|
SECTION 16. Same as engrossed
version.
|
|
SECTION 17. Section 255.004,
Health and Safety Code, is amended.
|
SECTION 17. Same as engrossed
version.
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SECTION 18. Subchapter B,
Chapter 533A, Health and Safety Code, as added by S.B. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended by adding Section
533A.044 to read as follows:
Sec. 533A.044. CRISIS
INTERVENTION TEAMS. (a) In this section, "crisis intervention
team" means a team of individuals specially trained to provide
services and support to persons with an intellectual or developmental
disability who have behavioral health needs and who are at risk of
institutionalization.
(b) The department shall
evaluate the effectiveness of various models of crisis intervention teams
that are funded under a waiver under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315) and operated by a local intellectual
and developmental disability authority.
(c) Not later than March
1, 2016, the department shall select for implementation one or more models
for crisis intervention teams the department determines best provide
comprehensive, cost-effective support.
(d) The department shall
determine the areas in this state in which local intellectual and
developmental disability authorities do not operate crisis intervention
teams and, subject to available funding, shall implement in each area a
team that operates in accordance with a model selected for implementation
under this section.
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SECTION 18. Subchapter B,
Chapter 533A, Health and Safety Code, as added by S.B. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended by adding Section
533A.044 to read as follows:
Sec. 533A.044. CRISIS
INTERVENTION TEAMS. (a) In this section, "crisis intervention
team" means a team of individuals specially trained to provide
services and support to persons with an intellectual or developmental
disability who have behavioral health needs and who are at risk of
institutionalization.
(b) The department shall
evaluate the effectiveness of various models of crisis intervention teams
that are funded under a waiver under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315) and operated by a local intellectual
and developmental disability authority.
(c) Not later than March
1, 2016, the department shall select for implementation one or more models
for crisis intervention teams the department determines best provide
comprehensive, cost-effective support.
(d) The department shall
determine the areas in this state in which local intellectual and
developmental disability authorities do not operate crisis intervention
teams. Subject to available funding, the
department shall develop a statewide system of locally managed crisis
intervention teams by:
(1) expanding existing teams to reach other local service areas;
or
(2) implementing new
teams that operate in accordance with a model selected under Subsection
(c).
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SECTION 19. Chapter 555,
Health and Safety Code, is amended by adding Subchapter F to read as
follows:
SUBCHAPTER F. STATE
SUPPORTED LIVING CENTER RESTRUCTURING AND CLOSURES
Sec. 555.201. STATE
SUPPORTED LIVING CENTER RESTRUCTURING COMMISSION. (a) In this subchapter,
"restructuring commission" means the state supported living
center restructuring commission.
(b) The restructuring
commission consists of five members appointed by the governor and the
following three nonvoting ex officio members:
(1) the executive commissioner
or the executive commissioner's designee;
(2) the executive
director of the Texas Facilities Commission or the executive director's
designee; and
(3) the commissioner of
the General Land Office or the commissioner's designee.
(c) The restructuring
commission is established to evaluate each state supported living center in
the state to determine whether closure of the center is recommended to
maintain only the number of centers necessary to meet the level of need in
the state. In evaluating each state supported living center, the
restructuring commission shall consider:
(1) the quality of
services provided by the center, including the center's most recent certification inspections and
the center's ability to meet the minimum ICF-IID standards;
(2) the costs of
operating the center;
(3) the center's
compliance with the 2009 settlement agreement between the department and
the United States Department of Justice regarding services provided to
individuals with an intellectual or developmental disability in
state-operated facilities;
(4) the availability of
community service providers in the area served by the center;
(5) the specialty
services provided at the center, including the ability of the center to
serve alleged offenders or high-risk residents;
(6) the availability of
employment opportunities for center employees if the center closes;
(7) any infrastructure
deficiency costs relating to the center;
(8) the property value
of, the market demand for, and any deed restrictions applicable to property
and facilities of the center;
(9) whether closure of
the center would adversely affect the geographic distribution of centers in
the state;
(10) the availability and
capacity of service providers and resources in the community capable of
delivering the quality and level of care each resident of the center would
require following the center's closure; and
(11) any other criteria
the restructuring commission considers appropriate.
(d) Not later than
December 1, 2016, the restructuring commission shall submit to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of the standing committees of
the senate and house of representatives having primary jurisdiction over
intellectual and developmental disability issues a report detailing the
restructuring commission's evaluation of each state supported living center
and, if applicable, proposing the closure of certain centers.
(e) A member of the
restructuring commission may not:
(1) have a direct or
indirect interest in any contract or proposed contract with a licensed
provider of ICF-IID services, or other provider of services to individuals
with an intellectual or developmental disability;
(2) acquire a direct or
indirect pecuniary interest in any provider of ICF-IID services, or other
provider of services to individuals with an intellectual or developmental
disability; or
(3) have a financial
interest in the closure of a state supported living center.
(f) The restructuring
commission is abolished and this section expires January 1, 2017.
Sec. 555.202. RECOMMENDED
CLOSURES OF STATE SUPPORTED LIVING CENTERS. (a) If the restructuring
commission proposes the closure of one or more state supported living
centers, the 85th Legislature shall consider legislation proposing the
closure of the centers recommended for closure. In considering the
proposed legislation described by this subsection, members of the
legislature may not propose amendments to the legislation.
(b) If the legislation
described by Subsection (a) is enacted and becomes law, the department
shall ensure that each state supported living center approved by the
legislature for closure under Subsection (a) is closed not later than
August 31, 2025.
(c) This subchapter
expires September 1, 2025.
Sec. 555.203. CLOSURE OF
AUSTIN STATE SUPPORTED LIVING CENTER. (a) The department shall establish
a closure plan for the Austin State Supported Living Center. The plan must
provide for closure of the facility and operations of the Austin State
Supported Living Center not later than August 31, 2017.
(b) The closure plan must
provide procedures to transition to the community each resident for whom:
(1) the resident's care
team recommends a community placement;
(2) a community placement
is available for the resident; and
(3) a community placement
is the choice of the resident.
(c) The department may
award one-time retention bonuses to each direct
support professional, qualified intellectual disability professional,
social worker, and case manager who agrees to continue to provide
services at the Austin State Supported Living Center until the center is
closed.
(d) The proceeds from the
closure, including from the sale or lease of facilities or other property, may
be appropriated only for services for persons with an intellectual or
developmental disability, including persons with a dual diagnosis of an
intellectual or developmental disability and mental illness.
(e) Not later than August
31, 2018, the department shall evaluate the closure process, including how
well the closure plan worked, and, if appropriate, establish policies for
improving the closure process for future closures of other state supported
living centers.
(f) This section expires
September 1, 2018.
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SECTION 19. Chapter 555,
Health and Safety Code, is amended by adding Subchapter F to read as
follows:
SUBCHAPTER F. STATE
SUPPORTED LIVING CENTER RESTRUCTURING AND CLOSURES
Sec. 555.201. STATE
SUPPORTED LIVING CENTER RESTRUCTURING COMMISSION. (a) In this subchapter,
"restructuring commission" means the state supported living
center restructuring commission.
(b) The restructuring
commission consists of five members appointed by the governor and the
following three nonvoting ex officio members:
(1) the executive
commissioner or the executive commissioner's designee;
(2) the executive
director of the Texas Facilities Commission or the executive director's
designee; and
(3) the commissioner of
the General Land Office or the commissioner's designee.
(c) The restructuring
commission is established to evaluate each state supported living center in
the state to determine whether closure of the center is recommended to
maintain only the number of centers necessary to meet the level of need in
the state. In evaluating each state supported living center, the
restructuring commission shall consider:
(1) the quality of
services provided by the center, including the center's regulatory compliance and the center's
ability to meet the minimum ICF-IID standards;
(2) the costs of
operating the center;
(3) the center's
compliance with the 2009 settlement agreement, as amended, between the department and the United States
Department of Justice regarding services provided to individuals with an
intellectual or developmental disability in state-operated facilities;
(4) the availability of
community service providers in the area served by the center;
(5) the specialty
services provided at the center, including the ability of the center to
serve alleged offenders or high-risk residents;
(6) the availability of
employment opportunities for center employees if the center closes;
(7) any infrastructure
deficiency costs relating to the center;
(8) the property value
of, the market demand for, and any deed restrictions applicable to property
and facilities of the center;
(9) whether closure of
the center would adversely affect the geographic distribution of centers in
the state;
(10) the availability and
capacity of service providers and resources in the community capable of
delivering the quality and level of care each resident of the center would
require following the center's closure;
(11) closure costs; and
(12) any other criteria
the restructuring commission considers appropriate.
(c-1) The restructuring commission shall hold public hearings
throughout the state in a manner that accommodates individuals with
disabilities and their families to solicit input during the evaluation
process under Subsection (c).
(d) Not later than
December 1, 2016, the restructuring commission shall submit to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of the standing committees of
the senate and house of representatives having primary jurisdiction over
intellectual and developmental disability issues a report detailing the
restructuring commission's evaluation of each state supported living center
and, if applicable, proposing the closure of certain centers.
(e) A member of the
restructuring commission may not:
(1) have a direct or
indirect interest in any contract or proposed contract with a licensed
provider of ICF-IID services, or other provider of services to individuals
with an intellectual or developmental disability;
(2) acquire a direct or
indirect pecuniary interest in any provider of ICF-IID services, or other
provider of services to individuals with an intellectual or developmental
disability;
(3) have a financial
interest in the closure of a state supported living center;
(4) be an agent, paid consultant, officer, or employee of a state
supported living center, state center, local authority, licensed provider
of ICF-IID services, or other provider of services to individuals with an
intellectual or developmental disability;
(5) have a financial interest in a state supported living center,
state center, local authority, licensed provider of ICF-IID services, or
other provider of services to individuals with an intellectual or developmental disability;
(6) be an officer, employee, or paid consultant of a trade
association in the field of residential services for individuals with an
intellectual or developmental disability;
(7) be a resident of a state supported living center; or
(8) be related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to a
person who is an officer, employee, paid consultant, or resident of a state
supported living center, state center, local authority, licensed provider
of ICF-IID services, or other provider of services to individuals with an
intellectual or developmental disability.
(f) The restructuring
commission is abolished and this section expires January 1, 2017.
Sec. 555.202. RECOMMENDED
CLOSURES OF STATE SUPPORTED LIVING CENTERS. (a) If the restructuring
commission proposes the closure of one or more state supported living
centers, the 85th Legislature shall consider legislation proposing the
closure of the centers recommended for closure. In considering the
proposed legislation described by this subsection, members of the
legislature may not propose amendments to the legislation.
(b) If the legislation
described by Subsection (a) is enacted and becomes law, the department
shall ensure that each state supported living center approved by the
legislature for closure under Subsection (a) is closed not later than
August 31, 2025.
(c) This subchapter
expires September 1, 2025.
Sec. 555.203. CLOSURE OF
AUSTIN STATE SUPPORTED LIVING CENTER. (a) The department shall establish
a closure plan for the Austin State Supported Living Center. The plan must
provide for closure of the facility and operations of the Austin State
Supported Living Center not later than August 31, 2017.
(b) The closure plan must
provide procedures to transition each resident of the Austin State
Supported Living Center to the community or
to another state supported living center, taking into consideration:
(1) whether the
resident's care team recommends placement in the community;
(2) whether a community
placement is available for the resident; and
(3) the resident's
choice.
(c) The department may
award one-time retention bonuses to each person
who holds a position designated as eligible for a bonus by the commissioner
and who agrees to continue to provide services at the Austin State Supported
Living Center until the center is closed.
(d) The proceeds from the
closure, including from the sale or lease of facilities or other property,
may be appropriated only for services for persons with an intellectual or
developmental disability, including persons with a dual diagnosis of an
intellectual or developmental disability and mental illness.
(e) Not later than August
31, 2018, the department shall evaluate the closure process, including how
well the closure plan worked, and, if appropriate, establish policies for
improving the closure process for future closures of other state supported
living centers.
(f) This section expires
September 1, 2018.
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SECTION 20. Section
531.0318, Government Code, is amended by adding Subsections (b-1), (d), and
(e) to read as follows:
(b-1) The information for
consumers required by this section must include for each provider of
long-term care services:
(1) a rating assigned by
the Department of Aging and Disability Services indicating the quality of
the care provided or, alternatively, a link to a rating assigned a provider
on an Internet website maintained by the federal government;
(2) information
concerning quality of care, as that information becomes available;
(3) staffing information,
if available, including for each year the number of staff members who began
employment with the provider during that year and the number of staff
members who ceased employment with the provider during that year;
(4) the ratio of staff
members to residents; and
(5) the provider's
regulatory performance, as available.
(d) The Department of
Aging and Disability Services shall immediately post notice on the
department's Internet website when a provider of long-term care services
loses its Medicaid certification.
(e) The Department of
Aging and Disability Services shall periodically solicit input regarding
the content of the information required under this section and the
usability and accessibility of the website on which the information is
located from consumers, consumer advocates, long-term care services
providers, and the general public.
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SECTION 20. Section
531.0318, Government Code, is amended by adding Subsections (b-1), (b-2),
(d), and (e) to read as follows:
(b-1) Except as provided by Subsection (b-2),
the information for consumers required by this section must include for
each provider of long-term care services:
(1) a rating assigned by
the Department of Aging and Disability Services indicating the quality of
the care provided or, alternatively, a link to a rating assigned a provider
on an Internet website maintained by the federal government;
(2) information
concerning quality of care, as that information becomes available;
(3) staffing information,
if available, including for each year the number of staff members who began
employment with the provider during that year and the number of staff
members who ceased employment with the provider during that year;
(4) the ratio of staff
members to residents; and
(5) the provider's
regulatory performance, as available.
(b-2) Subsection (b-1)(1) does not apply to, and the Department of
Aging and Disability Services is not required to include the information
described by that subsection for, a facility licensed under Chapter 247,
Health and Safety Code.
(d) The Department of
Aging and Disability Services shall immediately post notice on the
department's Internet website when a provider of long-term care services
loses its Medicaid certification.
(e) The Department of
Aging and Disability Services shall periodically solicit input regarding
the content of the information required under this section and the
usability and accessibility of the website on which the information is
located from consumers, consumer advocates, long-term care services
providers, and the general public.
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|
SECTION 21. 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.
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SECTION 21. Same as engrossed
version.
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|
SECTION 22. Section 531.058,
Government Code, is amended.
|
SECTION 22. Same as engrossed
version.
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|
SECTION 23. Section
531.951(a), Government Code, is amended to read as follows:
(a) This subchapter applies
only to the final licensing, listing, or registration decisions of a health
and human services agency with respect to a person under the law
authorizing the agency to regulate the following types of persons:
(1) a youth camp licensed
under Chapter 141, Health and Safety Code;
(2) a home and community
support services agency licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed
under Chapter 241, Health and Safety Code;
(4) an institution licensed
under Chapter 242, Health and Safety Code;
(5) an assisted living
facility licensed under Chapter 247, Health and Safety Code;
(6) a special care facility
licensed under Chapter 248, Health and Safety Code;
(7) an intermediate care
facility licensed under Chapter 252, Health and Safety Code;
(8) a chemical dependency
treatment facility licensed under Chapter 464, Health and Safety Code;
(9) a mental hospital or
mental health facility licensed under Chapter 577, 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, Human Resources Code; or
(11) a day activity and health services [an adult day-care] facility
licensed under Chapter 103, Human Resources Code.
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SECTION 23. Section
531.951(a), Government Code, is amended to read as follows:
(a) This subchapter applies
only to the final licensing, listing, or registration decisions of a health
and human services agency with respect to a person under the law
authorizing the agency to regulate the following types of persons:
(1) a youth camp licensed
under Chapter 141, Health and Safety Code;
(2) a home and community
support services agency licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed
under Chapter 241, Health and Safety Code;
(4) an institution licensed
under Chapter 242, Health and Safety Code;
(5) an assisted living
facility licensed under Chapter 247, Health and Safety Code;
(6) a special care facility
licensed under Chapter 248, Health and Safety Code;
(7) an intermediate care
facility licensed under Chapter 252, Health and Safety Code;
(8) a chemical dependency
treatment facility licensed under Chapter 464, Health and Safety Code;
(9) a mental hospital or
mental health facility licensed under Chapter 577, 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, Human Resources Code; or
(11) an adult day services [day-care] facility
licensed under Chapter 103, Human Resources Code.
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SECTION 24. Subchapter D,
Chapter 48, Human Resources Code, is amended.
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SECTION 24. Same as engrossed
version.
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SECTION 25. The heading to
Chapter 103, Human Resources Code, is amended to read as follows:
CHAPTER
103. DAY ACTIVITY AND HEALTH SERVICES PROGRAMS [ADULT DAY CARE]
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SECTION 25. The heading to
Chapter 103, Human Resources Code, is amended to read as follows:
CHAPTER
103. ADULT DAY SERVICES [CARE]
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SECTION 26. Section 103.001,
Human Resources Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
Sec. 103.001. PURPOSE. It
is the purpose of this chapter to establish programs of quality day activity and health services [adult day care and day health care]
that will enable persons with disabilities who have medical or functional
impairments and elderly persons to maintain maximum independence and to
prevent premature or inappropriate institutionalization. It is the purpose
of this chapter to provide adequately regulated supervision for elderly
persons and persons with disabilities while enabling them to remain in a
family environment and affording the family a measure of normality in its
daily activities. The legislature intends to provide for the development
of policies and programs that will:
(1) provide alternatives to
institutionalization;
(2) establish facilities for
day activity and health services
programs [adult day care and
day health care] throughout the state that offer services and
are accessible to economically disadvantaged persons; and
(3) prevent inappropriate
institutionalization.
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SECTION 26. Section 103.001,
Human Resources Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
Sec. 103.001. PURPOSE. It
is the purpose of this chapter to establish programs of quality adult day services
[care and day health care] that will enable persons with
disabilities who have medical or functional impairments and elderly persons
to maintain maximum independence and to prevent premature or inappropriate
institutionalization. It is the purpose of this chapter to provide
adequately regulated supervision for elderly persons and persons with
disabilities while enabling them to remain in a family environment and
affording the family a measure of normality in its daily activities. The
legislature intends to provide for the development of policies and programs
that will:
(1) provide alternatives to
institutionalization;
(2) establish facilities for
adult day services [care and day health care]
throughout the state that offer services and are accessible to economically
disadvantaged persons; and
(3) prevent inappropriate
institutionalization.
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SECTION 27. Section 103.002,
Human Resources Code, is amended to read as follows:
Sec. 103.002. SHORT TITLE.
This chapter may be cited as the Day
Activity and Health Services [Adult
Day Care] Act.
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SECTION 27. Section 103.002,
Human Resources Code, is amended to read as follows:
Sec. 103.002. SHORT TITLE.
This chapter may be cited as the Adult Day Services [Care] Act.
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SECTION 28. Section
103.003(1), Human Resources Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(1) "Day activity and health services
facility" ["Adult
day-care facility"] means a facility that provides services
under a day activity and health services [an adult day-care] program on a
daily or regular basis but not overnight to four or more elderly persons or
persons with disabilities who are not related by blood, marriage, or
adoption to the owner of the facility.
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SECTION 28. Section
103.003(1), Human Resources Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(1) "Adult day services [day-care] facility"
means a facility that provides services under an adult day services [day-care] program on a daily or regular basis but
not overnight to four or more elderly persons or persons with disabilities
who are not related by blood, marriage, or adoption to the owner of the facility.
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SECTION 29. Section
103.003(2), Human Resources Code, is amended to read as follows:
(2) "Day activity and health services
program" ["Adult
day-care program"] means a structured, comprehensive
program that is designed to meet the needs of adults with functional
impairments through an individual plan of care by providing health, social,
and related support services in a protective setting.
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SECTION 29. Section
103.003(2), Human Resources Code, is amended to read as follows:
(2) "Adult day services [day-care] program"
means a structured, comprehensive program that is designed to meet the
needs of adults with functional impairments through an individual plan of
care by providing health, social, and related support services in a
protective setting.
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SECTION 30. Section
103.0041(a), Human Resources Code, is amended to read as follows:
(a) A person may not operate
a day activity and health services [an adult day-care] facility
without a license issued under this chapter.
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SECTION 30. Section 103.0041(a),
Human Resources Code, is amended to read as follows:
(a) A person may not operate
an adult day services [day-care] facility without a
license issued under this chapter.
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SECTION 31. Section
103.006(a), Human Resources Code, is amended to read as follows:
(a) The department shall
issue a license to operate a day
activity and health services [an
adult day-care] facility to a person who has met the application
requirements and received approval after an on-site inspection.
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SECTION 31. Section 103.006(a),
Human Resources Code, is amended to read as follows:
(a) The department shall
issue a license to operate an adult day
services [day-care]
facility to a person who has met the application requirements and received
approval after an on-site inspection.
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SECTION 32. Section
103.007(a), Human Resources Code, is amended to read as follows:
(a) An applicant for a
license to operate a day activity and
health services [an adult
day-care] facility must file an application on a form prescribed
by the department together with a license fee of $50.
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SECTION 32. Section
103.007(a), Human Resources Code, is amended to read as follows:
(a) An applicant for a
license to operate an adult day services [day-care] facility must file an
application on a form prescribed by the department together with a license
fee of $50.
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SECTION 33. Section
103.0075(a), Human Resources 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 adopt a procedure under which a person proposing to construct
or modify a day activity and health
services [an adult day-care]
facility may submit building plans to the department for review for
compliance with the department's architectural requirements before
beginning construction or modification. In adopting the procedure, the
executive commissioner shall set reasonable deadlines by which the
department must complete review of submitted plans.
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SECTION 33. Section
103.0075(a), Human Resources 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 adopt a procedure under which a person proposing
to construct or modify an adult day
services [day-care]
facility may submit building plans to the department for review for
compliance with the department's architectural requirements before
beginning construction or modification. In adopting the procedure, the
executive commissioner shall set reasonable deadlines by which the
department must complete review of submitted plans.
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SECTION 34. Chapter 103,
Human Resources Code, is amended by adding Section 103.0085 to read as
follows:
Sec. 103.0085.
PROGRESSIVE SANCTIONS. (a) The executive commissioner by rule shall
create a matrix of progressive sanctions that the department must use to
assess penalty amounts and impose disciplinary actions under this chapter
appropriately and fairly for a violation of a law, rule, standard, or order
adopted or license issued under this chapter or for a violation of other
law for which this chapter provides a sanction.
(b) The matrix of
progressive sanctions adopted under this section must provide for increases
in amounts of administrative penalties based on type, frequency, and
seriousness of violations and must provide guidance for determining
appropriate and graduated administrative penalties to assess under this
chapter to deter future violations, including guidance on considering the
factors listed in this chapter for determining the amount of a penalty.
(c) The matrix of
progressive sanctions adopted under this section must provide for imposing
stronger sanctions, including license suspension or revocation, for more
serious violations or for repeated violations as appropriate to deter
future serious or repeated violations. The matrix of progressive sanctions
must describe appropriate time frames to be used in determining whether a day activity and health services
facility has committed repeated violations or has engaged in a pattern of
repeated violations, such as repeated violations found in consecutive
regular inspections.
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SECTION 34. Chapter 103,
Human Resources Code, is amended by adding Section 103.0085 to read as
follows:
Sec. 103.0085. PROGRESSIVE
SANCTIONS. (a) The executive commissioner by rule shall create a matrix
of progressive sanctions that the department must use to assess penalty
amounts and impose disciplinary actions under this chapter appropriately
and fairly for a violation of a law, rule, standard, or order adopted or
license issued under this chapter or for a violation of other law for which
this chapter provides a sanction.
(b) The matrix of
progressive sanctions adopted under this section must provide for increases
in amounts of administrative penalties based on type, frequency, and
seriousness of violations and must provide guidance for determining
appropriate and graduated administrative penalties to assess under this
chapter to deter future violations, including guidance on considering the
factors listed in this chapter for determining the amount of a penalty.
(c) The matrix of
progressive sanctions adopted under this section must provide for imposing
stronger sanctions, including license suspension or revocation, for more
serious violations or for repeated violations as appropriate to deter
future serious or repeated violations. The matrix of progressive sanctions
must describe appropriate time frames to be used in determining whether an adult day services facility has committed
repeated violations or has engaged in a pattern of repeated violations,
such as repeated violations found in consecutive regular inspections.
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SECTION 35. Section
103.0091(a), Human Resources Code, is amended to read as follows:
(a) The department may
petition a district court for a temporary restraining order to restrain a
continuing violation of the standards or licensing requirements provided
under this chapter if the department finds that the violation creates an
immediate threat to the health and safety of the day activity and health services facility [adult day-care] residents.
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SECTION 35. Section
103.0091(a), Human Resources Code, is amended to read as follows:
(a) The department may
petition a district court for a temporary restraining order to restrain a
continuing violation of the standards or licensing requirements provided
under this chapter if the department finds that the violation creates an
immediate threat to the health and safety of the adult day services facility [day-care] residents.
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SECTION 36. Section
103.0092(a), Human Resources Code, is amended to read as follows:
(a) If the department finds a day activity and health services [an adult day-care] facility
operating in violation of the standards prescribed by this chapter and the
violations create an immediate threat to the health and safety of a
resident in the facility, the department shall suspend the license or order
immediate closing of all or part of the facility.
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SECTION 36. Section
103.0092(a), Human Resources Code, is amended to read as follows:
(a) If the department finds
an adult day services [day-care] facility operating in
violation of the standards prescribed by this chapter and the violations
create an immediate threat to the health and safety of a resident in the
facility, the department shall suspend the license or order immediate
closing of all or part of the facility.
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SECTION 37. Section 103.011,
Human Resources Code, is amended to read as follows:
Sec. 103.011. RIGHTS OF THE
ELDERLY. (a) In addition to other rights an individual attending a day activity and health services [an adult day care] facility has
as a citizen, an individual who is 55 years of age or older has the rights
prescribed by Chapter 102 of this code.
(b) The department shall
require each day activity and health
services [adult day care]
facility to implement and enforce the applicable provisions of Chapter 102
of this code.
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SECTION 37. Section 103.011,
Human Resources Code, is amended to read as follows:
Sec. 103.011. RIGHTS OF THE
ELDERLY. (a) In addition to other rights an individual attending an adult
day services [care] facility has as a citizen,
an individual who is 55 years of age or older has the rights prescribed by
Chapter 102 of this code.
(b) The department shall
require each adult day services [care] facility to implement and
enforce the applicable provisions of Chapter 102 of this code.
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SECTION 38. Section
103.012(a), Human Resources Code, is amended to read as follows:
(a) The department may
assess an administrative penalty against a person who:
(1) violates this chapter, a
rule, standard, or order adopted under this chapter, or a term of a license
issued under this chapter;
(2) makes a false statement
of a material fact that the person knows or should know is false:
(A) on an application for
issuance or renewal of a license or in an attachment to the application; or
(B) with respect to a matter
under investigation by the department;
(3) refuses to allow a
representative of the department to inspect:
(A) a book, record, or file
required to be maintained by a day
activity and health services [an
adult day-care] facility; or
(B) any portion of the
premises of a day activity and health
services [an adult day-care]
facility;
(4) wilfully interferes with
the work of a representative of the department or the enforcement of this
chapter;
(5) wilfully interferes with
a representative of the department preserving evidence of a violation of
this chapter, a rule, standard, or order adopted under this chapter, or a
term of a license issued under this chapter;
(6) fails to pay a penalty
assessed under this chapter not later than the 30th day after the date the
assessment of the penalty becomes final; or
(7) fails to notify the
department of a change of ownership before the effective date of the change
of ownership.
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SECTION 38. Section
103.012(a), Human Resources Code, is amended to read as follows:
(a) The department may
assess an administrative penalty against a person who:
(1) violates this chapter, a
rule, standard, or order adopted under this chapter, or a term of a license
issued under this chapter;
(2) makes a false statement
of a material fact that the person knows or should know is false:
(A) on an application for
issuance or renewal of a license or in an attachment to the application; or
(B) with respect to a matter
under investigation by the department;
(3) refuses to allow a
representative of the department to inspect:
(A) a book, record, or file
required to be maintained by an adult day
services [day-care]
facility; or
(B) any portion of the
premises of an adult day services [day-care] facility;
(4) wilfully interferes with
the work of a representative of the department or the enforcement of this
chapter;
(5) wilfully interferes with
a representative of the department preserving evidence of a violation of
this chapter, a rule, standard, or order adopted under this chapter, or a
term of a license issued under this chapter;
(6) fails to pay a penalty
assessed under this chapter not later than the 30th day after the date the
assessment of the penalty becomes final; or
(7) fails to notify the
department of a change of ownership before the effective date of the change
of ownership.
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SECTION 39. Section 103.013,
Human Resources Code, is amended to read as follows:
Sec. 103.013. RIGHT TO
CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The department
may not collect an administrative penalty from a day activity and health services [an adult day-care] facility under
Section 103.012 if, not later than the 45th day after the date the facility
receives notice under Section 103.014(c), the facility corrects the
violation.
(b) The executive
commissioner of the Health and Human Services Commission by rule shall
define types of minor violations a day
activity and health services facility may correct under Subsection
(a) before assessing an administrative penalty. The executive commissioner
shall ensure that all other violations are not subject to a right to
correct [Subsection (a) does not apply to:
[(1) a violation that the
department determines:
[(A) results in serious
harm to or death of a person attending the facility;
[(B) constitutes a
serious threat to the health and safety of a person attending the facility;
or
[(C) substantially limits
the facility's capacity to provide care;
[(2) a violation
described by Sections 103.012(a)(2)-(7); or
[(3) a violation of
Section 103.011].
(c) A day activity and health services [An adult day-care] facility that
corrects a violation must maintain the correction. If the facility fails
to maintain the correction until at least the first anniversary after the
date the correction was made, the department may assess and collect an
administrative penalty for the subsequent violation. An administrative
penalty assessed under this subsection is equal to three times the amount
of the original penalty assessed but not collected. The department is not
required to provide the facility with an opportunity under this section to
correct the subsequent violation.
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SECTION 39. Section 103.013,
Human Resources Code, is amended to read as follows:
Sec. 103.013. RIGHT TO
CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The department
may not collect an administrative penalty from an adult day services [day-care] facility under Section 103.012 if, not
later than the 45th day after the date the facility receives notice under
Section 103.014(c), the facility corrects the violation.
(b) The executive
commissioner of the Health and Human Services Commission by rule shall
define types of minor violations an adult
day services facility may correct under Subsection (a) before
assessing an administrative penalty. The executive commissioner shall
ensure that all other violations are not subject to a right to correct
[Subsection (a) does not apply to:
[(1) a violation that the
department determines:
[(A) results in serious
harm to or death of a person attending the facility;
[(B) constitutes a
serious threat to the health and safety of a person attending the facility;
or
[(C) substantially limits
the facility's capacity to provide care;
[(2) a violation
described by Sections 103.012(a)(2)-(7); or
[(3) a violation of
Section 103.011].
(c) An adult day services [day-care] facility that corrects a violation must
maintain the correction. If the facility fails to maintain the correction
until at least the first anniversary after the date the correction was
made, the department may assess and collect an administrative penalty for
the subsequent violation. An administrative penalty assessed under this
subsection is equal to three times the amount of the original penalty
assessed but not collected. The department is not required to provide the
facility with an opportunity under this section to correct the subsequent
violation.
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SECTION 40. Sections
103.014(c) and (e), Human Resources Code, are amended to read as follows:
(c) The department shall
give written notice of the report to the person charged with the violation
not later than the 10th day after the date on which the report is issued.
The notice must include:
(1) a brief summary of the
charges;
(2) a statement of the
amount of penalty recommended;
(3) a statement of whether
the violation is subject to correction under Section 103.013 and, if the
violation is subject to correction under that section, a statement of:
(A) the date on which the day activity and health services [adult day-care] facility must
file a plan of correction with the department that the department shall
review and may approve, if satisfactory; and
(B) the date on which the
plan of correction must be completed to avoid assessment of the penalty;
and
(4) a statement that the
person charged has a right to a hearing on the occurrence of the violation,
the amount of the penalty, or both.
(e) If the violation is
subject to correction under Section 103.013, the day activity and health services [adult day-care] facility shall submit a plan of
correction to the department for approval not later than the 10th day after
the date on which the notice under Subsection (c) is received.
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SECTION 40. Sections
103.014(c) and (e), Human Resources Code, are amended to read as follows:
(c) The department shall
give written notice of the report to the person charged with the violation
not later than the 10th day after the date on which the report is issued.
The notice must include:
(1) a brief summary of the
charges;
(2) a statement of the
amount of penalty recommended;
(3) a statement of whether
the violation is subject to correction under Section 103.013 and, if the
violation is subject to correction under that section, a statement of:
(A) the date on which the
adult day services [day-care] facility must file a
plan of correction with the department that the department shall review and
may approve, if satisfactory; and
(B) the date on which the
plan of correction must be completed to avoid assessment of the penalty;
and
(4) a statement that the
person charged has a right to a hearing on the occurrence of the violation,
the amount of the penalty, or both.
(e) If the violation is
subject to correction under Section 103.013, the adult day services [day-care] facility shall submit a plan of
correction to the department for approval not later than the 10th day after
the date on which the notice under Subsection (c) is received.
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SECTION 41. Section 161.080,
Human Resources Code, is amended.
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SECTION 41. Same as engrossed
version.
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SECTION 42. Chapter 161,
Human Resources Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. POWERS AND
DUTIES RELATING TO DAY HABILITATION SERVICES PROVIDERS
Sec. 161.401.
DEFINITIONS. In this subchapter:
(1) "Day
habilitation services" means services to assist persons with an
intellectual or developmental disability in acquiring, retaining, and improving
the self-help, socialization, and adaptive skills necessary to reside
successfully in the community, including prevocational, educational, and supported employment services.
(2) "Day
habilitation services provider" means a person who contracts with a
community-based intellectual and developmental disabilities services
provider or intermediate care facility to provide federally funded Medicaid
day habilitation services authorized under Section 1915(c) of the federal
Social Security Act (42 U.S.C. Section 1396n(c)).
Sec. 161.402. DAY
HABILITATION SERVICES PROVIDER INFORMATION TRACKING.
Sec. 161.403. DAY
HABILITATION PROGRAM ADVISORY COMMITTEE.
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SECTION 42. Chapter 161,
Human Resources Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. POWERS AND
DUTIES RELATING TO DAY HABILITATION SERVICES PROVIDERS
Sec. 161.401.
DEFINITIONS. In this subchapter:
(1) "Day
habilitation services" means services to assist persons with an
intellectual or developmental disability in acquiring, retaining, and
improving the self-help, socialization, and adaptive skills necessary to
reside successfully in the community, including prevocational and
educational services.
(2) "Day
habilitation services provider" means a person who contracts with a
community-based intellectual and developmental disabilities services
provider or intermediate care facility to provide federally funded Medicaid
day habilitation services authorized under Section 1915(c) of the federal
Social Security Act (42 U.S.C. Section 1396n(c)).
Sec. 161.402. DAY
HABILITATION SERVICES PROVIDER INFORMATION TRACKING.
Sec. 161.403. DAY
HABILITATION PROGRAM ADVISORY COMMITTEE.
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No
equivalent provision.
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SECTION 43. (a) Subchapter
A, Chapter 161, Human Resources Code, is amended by adding Sections
161.0031 and 161.004 to read as follows:
Sec. 161.0031.
INAPPLICABILITY OF CERTAIN LAW. Notwithstanding Section 161.003, Section
325.017, Government Code, does not apply to the department.
Sec. 161.004. MEANING OF
CERTAIN REFERENCES IN LAW. (a) A reference in this chapter or in any
other law to the department in relation to a function transferred under
Section 161.012 means the commission or the division of the commission
performing the function after its transfer.
(b) In this chapter or in
any other law and notwithstanding any other law, a reference to any of the
following state agencies or to the chief executive officer or governing
body of any of the following state agencies in relation to a function
transferred to the commission under Section 161.012 from the department
that the department assumed in accordance with Chapter 198 (H.B. 2292),
Acts of the 78th Legislature, Regular Session, 2003, means the executive
commissioner, the commission, or the division of the commission performing
the function after its transfer to the commission:
(1) the Texas Department
on Aging;
(2) the Texas Department
of Human Services; and
(3) the Texas Department
of Mental Health and Mental Retardation.
(c) A reference in this
chapter or in any other law to the commissioner in relation to a function
transferred under Section 161.012 means the executive commissioner, the
executive commissioner's designee, or the director of the division of the
commission performing the function after its transfer.
(d) A reference in this
chapter or in any other law to the council in relation to a function after
its transfer under Section 161.012 means the executive commissioner or the
executive commissioner's designee, as appropriate, and a function
previously performed by the council is a function of that appropriate
person.
(b) Chapter 161, Human
Resources Code, is amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. TRANSFER
OF AGING AND DISABILITY SERVICES TO COMMISSION
Sec. 161.011. DEFINITIONS.
In this subchapter:
(1) "Administrative
support services" has the meaning assigned by Section 531.0055(d),
Government Code.
(2) "Function"
includes a power, duty, program, or activity of a state agency or entity.
Sec. 161.012. TRANSFER OF
AGING AND DISABILITY SERVICES TO COMMISSION. (a) Not later than September
1, 2016, the following functions are transferred to the commission as
provided by this subchapter:
(1) appropriate
department administrative support services functions, as determined by the executive
commissioner in consultation with the department;
(2) all department client
services functions, as defined by the executive commissioner by rule; and
(3) all functions of the
council.
(b) On or after September
1, 2016, but not later than September 1, 2017, all functions, including
administrative support services functions, that remained with the
department after the initial transfer of functions under Subsection (a) are
transferred to the commission.
Sec. 161.013. EFFECT OF
TRANSFERS. (a) All of the following that relate to a function that is
transferred under Section 161.012 are transferred to the commission on the
date the related function is transferred to the commission:
(1) all obligations and
contracts, including obligations and contracts related to a grant program;
(2) all property and
records in the custody of the department or council from which the function
is transferred;
(3) all funds
appropriated by the legislature and other money;
(4) all complaints,
investigations, or contested cases that are pending before the department
or the commissioner, without change in status; and
(5) all necessary
personnel, as determined by the executive commissioner.
(b) A rule, policy, or
form adopted by or on behalf of the department or council that relates to a
function that is transferred under Section 161.012 becomes a rule, policy,
or form of the commission on transfer of the related function and remains
in effect:
(1) until altered by the
executive commissioner or commission, as appropriate; or
(2) unless it conflicts
with a rule, policy, or form of the commission.
(c) A license, permit, or
certification in effect that was issued by the department that relates to a
function that is transferred under Section 161.012 is continued in effect as
a license, permit, or certification of the commission on transfer of the
related function until the license, permit, or certification expires, is
suspended or revoked, or otherwise becomes invalid.
Sec. 161.014.
APPLICABILITY OF FORMER LAW. An action brought or proceeding commenced
before the date of a transfer prescribed by this subchapter, including a
contested case or a remand of an action or proceeding by a reviewing court,
is governed by the laws and rules applicable to the action or proceeding before
the transfer.
Sec. 161.015. AUTHORITY
OF DEPARTMENT. The powers and authority of the department with respect to
a function are not reduced or otherwise limited until the date the function
is transferred in accordance with this subchapter, notwithstanding Section
161.003 or any other law.
Sec. 161.016. EXPIRATION
OF SUBCHAPTER. This subchapter expires September 1, 2019.
(c) Section 161.003, Human
Resources Code, as amended by S.B. No. 219, Acts of the 84th Legislature,
Regular Session, 2015, is amended to read as follows:
Sec. 161.003. SUNSET
PROVISION. The department is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished [and this chapter expires] September
1, 2015.
(d) As soon as appropriate
under Subchapter A-1, Chapter 161, Human Resources Code, as added by this
section, and in a manner that minimizes disruption of services, the Health
and Human Services Commission shall take appropriate action to be
designated as the state agency responsible under federal law for any state
or federal program that is transferred to the commission in accordance with
that subchapter and for which federal law requires the designation of a
responsible state agency.
(e) Effective September 1,
2016, the following provisions of the Human Resources Code, including
provisions amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, are repealed:
(1) Section
161.021;
(2) Section
161.022;
(3) Section
161.023;
(4) Section
161.024;
(5) Section
161.025;
(6) Section 161.026;
(7) Section 161.027;
(8) Section 161.028;
(9) Section 161.029; and
(10) Section 161.030.
(f) Effective September 1,
2017, the following provisions of the Human Resources Code, including
provisions added or amended by S.B. No. 219, Acts of the 84th Legislature,
Regular Session, 2015, are repealed:
(1) Section
161.002;
(2) Section
161.032;
(3) Section
161.051;
(4) Section
161.052;
(5) Section
161.053;
(6) Section 161.054;
(7) Section 161.055;
(8) Section 161.056;
(9) Section 161.0711;
(10) Section 161.0712; and
(11) Section 161.072.
(g) Notwithstanding
Subsections (e) and (f) of this section, the implementation of a provision
repealed by one of those subsections ceases on the date all functions of
the Department of Aging and Disability Services or the Aging and Disability
Services Council are transferred to the Health and Human Services
Commission as provided by Subchapter A-1, Chapter 161, Human Resources
Code, as added by this section, to the extent the department or council is
responsible for the provision's implementation.
(h) This section takes
effect only if the Department of Aging and Disability Services is not
continued in existence by any legislation of the 84th Legislature, Regular
Session, 2015.
(i) Subject to Subsection
(h) of this section, this section takes effect September 1, 2015.
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SECTION 43. Section
247.051(b), Health and Safety Code, is repealed.
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SECTION 44. The following
laws are repealed:
(1) Section 247.051(b),
Health and Safety Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015; and
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SECTION 44. Section
101A.158, Human Resources Code, as added by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, is repealed.
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(2) Section 101A.158, Human
Resources Code, as added by S.B. No. 219, Acts of the 84th Legislature,
Regular Session, 2015.
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No
equivalent provision.
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SECTION 45. (a) Not later
than September 1, 2016, the executive commissioner of the Health and Human
Services Commission shall adopt by rule the matrices of progressive
sanctions required by Sections 142.0125, 242.0613, 247.0415, and 252.0615,
Health and Safety Code, and Section 103.0085, Human Resources Code, as
added by this Act. Before the executive commissioner of the Health and
Human Services Commission publishes a notice of a proposed rule under this
subsection, the executive commissioner shall solicit input from
stakeholders concerning the development of those rules.
(b) Not later than September
1, 2015, the governor shall appoint five members of the state supported
living center restructuring commission, as required by Section 555.201,
Health and Safety Code, as added by this Act.
(c) Not later than September
1, 2016, the executive commissioner of the Health and Human Services
Commission shall adopt the rule listing services a state supported living
center may provide under a contract and the schedule of fees for those
services as required by Section 161.080, Human Resources Code, as amended
by this Act.
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SECTION 46. (a) As soon as
possible after the effective date of this Act, the Department of Aging and
Disability Services or the Health and Human Services Commission, as
appropriate, shall apply for any waiver or other authorization from a
federal agency that is necessary to implement this Act. The department and
commission may delay implementing this Act until the waiver or
authorization is granted.
(b) As soon as practicable
after the effective date of this Act:
(1) the executive commissioner
of the Health and Human Services Commission shall adopt the rules necessary
to implement Section 531.058(a-1), Government Code, as added by this Act;
and
(2) the Department of Aging
and Disability Services and the Health and Human Services Commission shall,
as appropriate, revise or enter into a memorandum of understanding as
required by a federal agency that is necessary to implement Section
531.058(a-1), Government Code, as added by this Act.
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SECTION 46. Same as engrossed
version.
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SECTION 47. Sections
242.061(a-2) and (a-3), Health and Safety Code, as added by this Act, apply
only to a violation committed on or after September 1, 2016. A violation
committed before September 1, 2016, is governed by the law in effect on the
date the violation was committed, and the former law is continued in effect
for that purpose. For purposes of this section, a violation was committed
before September 1, 2016, if any element of the violation occurred before
that date.
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SECTION 47. Same as engrossed
version.
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SECTION 48. (a) Except as
provided by Subsection (b) of this section, this Act takes effect
immediately if it receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
(b) Sections 242.061(a-2)
and (a-3), Health and Safety Code, as added by this Act, take effect
September 1, 2016.
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SECTION 48. (a) Except as
otherwise provided by this Act, including Subsection (b) of this section,
this Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2015.
(b) Sections 242.061(a-2)
and (a-3), Health and Safety Code, as added by this Act, take effect
September 1, 2016.
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