By: Sheffield (Senate Sponsor - Lucio) H.B. No. 2340
         (In the Senate - Received from the House May 7, 2015;
  May 7, 2015, read first time and referred to Committee on Health
  and Human Services; May 20, 2015, reported favorably by the
  following vote:  Yeas 7, Nays 0; May 20, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to regulation of prescribed pediatric extended care
  centers; amending a provision subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 248A.051(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  A person may not own or operate a prescribed pediatric
  extended care center in this state unless the person holds an
  initial, renewal, or temporary [a] license issued under this
  chapter. An applicant for a prescribed pediatric extended care
  center license may not provide services under that license until
  the department issues the license.
         (b)  A separate initial, renewal, or temporary license is
  required for each center located on separate premises, regardless
  of whether the centers are under the ownership or operation of the
  same person.
         SECTION 2.  The heading to Section 248A.052, Health and
  Safety Code, is amended to read as follows:
         Sec. 248A.052.  INITIAL LICENSE APPLICATION; ISSUANCE.
         SECTION 3.  Section 248A.052(a), Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, and Section 248A.052(c), Health and Safety Code, are amended
  to read as follows:
         (a)  An applicant for an initial [a] prescribed pediatric
  extended care center license shall submit to the department in
  accordance with department rules:
               (1)  a sworn application on the form prescribed by the
  department;
               (2)  a letter of credit as prescribed by the department
  to demonstrate the applicant's financial viability; and
               (3)  the required fees.
         (c)  The department shall issue an initial [a] license to a
  center under this chapter if the department determines that the
  applicant and the center meet the requirements of this chapter and
  the rules and standards adopted under this chapter.  The license
  must include:
               (1)  the license holder's name;
               (2)  the location of the premises of the center; and
               (3)  a statement indicating the center provides
  services to minors for 12 hours or less in a 24-hour period and does
  not provide 24-hour care.
         SECTION 4.  Subchapter B, Chapter 248A, Health and Safety
  Code, is amended by adding Section 248A.0525 to read as follows:
         Sec. 248A.0525.  TEMPORARY LICENSE PROCEDURES. (a) An
  applicant for an initial license under Section 248A.052 may
  request, in the manner prescribed by the department and in
  accordance with this section, that the department issue a temporary
  license pending the department's review of the applicant's
  application for an initial license. An applicant is not required to
  request a temporary license to receive an initial or renewal
  license.
         (b)  A temporary license issued under this section
  authorizes an applicant to provide nonresidential basic services to
  not more than six minors until the temporary license expires or
  terminates in accordance with this section.
         (c)  On receipt of a temporary license request, the
  department shall conduct a review of the applicant's policies,
  procedures, and staffing plans to serve minors in the center.
         (d)  The department shall grant an applicant's request for a
  temporary license if the department determines the applicant is
  eligible for the license as provided by this subsection.  The
  department may not grant a request for a temporary license if the
  department determines the applicant is ineligible for the license
  under this subsection.  An applicant is eligible for a temporary
  license only if the applicant meets:
               (1)  the license application requirements of Sections
  248A.052(a) and (b) and the license application rules adopted under
  this chapter;
               (2)  the building requirements and standards for a
  center provided in department rules adopted under this chapter; and
               (3)  the requirements of the department's review
  conducted under Subsection (c).
         (e)  A temporary license issued under this section expires on
  the earlier of:
               (1)  the 90th day after the date the temporary license
  is issued or the last day of any extension period granted by the
  department; or
               (2)  the date an initial license is issued under
  Section 248A.052.
         (f)  The department may not grant more than one extension of
  a temporary license issued under this section and may not grant an
  extension for a period that exceeds 90 days. The department shall
  grant an extension if a temporary license holder submits to the
  department an extension request in the manner prescribed by the
  department not later than the 30th day before the date the temporary
  license expires.
         (g)  A temporary license holder must comply with this chapter
  and the rules adopted under this chapter for the period for which
  the temporary license is issued, including an extension, if
  applicable. The department may take an enforcement action against
  a temporary license holder for failure to comply with this chapter
  and the rules adopted under this chapter.
         (h)  The department may conduct a complaint investigation
  and inspection of a temporary license holder. 
         SECTION 5.  The heading to Section 248A.053, Health and
  Safety Code, is amended to read as follows:
         Sec. 248A.053.  INITIAL OR RENEWAL LICENSE TERM; RENEWAL;
  NOTIFICATION.
         SECTION 6.  Section 248A.053(a), Health and Safety Code, is
  amended to read as follows:
         (a)  An initial or renewal [A] license issued under this
  chapter expires on the second anniversary of the date of issuance.
         SECTION 7.  The heading to Section 248A.151, Health and
  Safety Code, is amended to read as follows:
         Sec. 248A.151.  ADMISSION CRITERIA FOR MINOR CLIENT; ADULT
  ACCOMPANIMENT.
         SECTION 8.  Section 248A.151, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A minor client's parent, legal guardian, or managing
  conservator is not required to accompany the client when:
               (1)  the client receives services in the center,
  including therapy services delivered in the center but billed
  separately; or
               (2)  the center transports or provides for the
  transport of the client to and from the center.
         SECTION 9.  Subchapter D, Chapter 248A, Health and Safety
  Code, is amended by adding Section 248A.158 to read as follows:
         Sec. 248A.158.  RELATION TO NURSING SERVICES. Nursing
  services provided by a center must be a one-to-one replacement of
  private duty nursing or other skilled nursing services unless
  additional nursing services are medically necessary.
         SECTION 10.  Not later than September 1, 2016, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to implement Chapter 248A, Health and
  Safety Code, as amended by this Act.
         SECTION 11.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall establish a reimbursement rate for
  licensed pediatric extended care centers that are enrolled in the
  medical assistance program that, when converted to an hourly rate,
  is not more than 70 percent of the average hourly unit rate for
  private duty nursing provided under the Texas Health Steps
  Comprehensive Care Program.
         SECTION 12.  If before implementing any provision of this
  Act a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 13.  The changes in law made by this Act related to
  temporary licenses apply only to a temporary license application
  submitted to or an inspection conducted by the Department of Aging
  and Disability Services on or after September 1, 2016.
         SECTION 14.  This Act takes effect September 1, 2015.
 
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