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A BILL TO BE ENTITLED
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AN ACT
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relating to the abuse and neglect of residents of certain |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.061, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), and (a-3) to read as follows: |
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(a) In this section: |
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(1) "Abuse" has the meaning assigned by Section |
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260A.001. |
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(2) "Immediate threat to health and safety" means a |
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situation in which immediate corrective action is necessary because |
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the facility's noncompliance with one or more requirements has |
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caused, or is likely to cause, serious injury, harm, impairment, or |
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death to a resident. |
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(3) "Neglect" has the meaning assigned by Section |
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260A.001. |
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(a-1) The department, after providing notice and |
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opportunity for a hearing to the applicant or license holder, may |
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deny, suspend, or revoke a license if the department finds that the |
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applicant, the license holder, or any other person described by |
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Section 242.032(d) has: |
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(1) violated this chapter or a rule, standard, or |
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order adopted or license issued under this chapter in either a |
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repeated or substantial manner; |
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(2) committed any act described by Sections |
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242.066(a)(2)-(6); or |
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(3) failed to comply with Section 242.074. |
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(a-2) Except as provided by Subsection (a-3), the |
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department shall revoke a license under Subsection (a-1) if the |
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department finds that: |
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(1) the license holder has committed three or more |
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violations described by Subsection (a-1) that constitute an |
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immediate threat to health and safety related to the abuse or |
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neglect of a resident; and |
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(2) each of at least three of the violations described |
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by Subdivision (1) are reported in connection with separate |
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surveys, inspections, or investigation visits. |
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(a-3) The department may not revoke a license under |
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Subsection (a-2) due to a violation described by Subsection |
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(a-2)(1), if: |
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(1) the violation is not included on the written list |
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of violations left with the facility at the time of the initial exit |
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conference under Section 242.0445(b) for a survey, inspection, or |
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investigation; or |
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(2) the violation has been reviewed under the informal |
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dispute resolution process established by Section 531.058, |
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Government Code, and a determination was made that: |
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(A) the violation should be removed from the |
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license holder's record; or |
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(B) the violation is reduced in severity so that |
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the violation no longer constitutes an immediate threat to health |
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and safety related to the abuse or neglect of a resident. |
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SECTION 2. Section 242.0615(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department, after providing notice and opportunity |
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for a hearing, may exclude a person from eligibility for a license |
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under this chapter if the person or any person described by Section |
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242.032(d) has substantially failed to comply with this chapter and |
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the rules adopted under this chapter. The authority granted by this |
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subsection is in addition to the authority to deny issuance of a |
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license under Section 242.061(a-1) [242.061(a)]. |
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SECTION 3. This Act takes effect September 1, 2015. |