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A BILL TO BE ENTITLED
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AN ACT
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relating to the informal dispute resolution process for certain |
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disputes between the Department of Aging and Disability Services |
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and certain long-term care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.058, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) As part of the informal dispute resolution process |
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established under this section, the commission shall contract with |
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an appropriate disinterested person who is a private nonprofit |
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organization to adjudicate disputes between an institution or |
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facility licensed under Chapter 242, Health and Safety Code, and |
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the Department of Aging and Disability Services concerning a |
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statement of violations prepared by the department in connection |
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with a survey conducted by the department of the institution or |
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facility. Section 2009.053 does not apply to the selection of an |
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appropriate disinterested person under this subsection. The person |
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with whom the commission contracts shall adjudicate all disputes |
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described by this subsection. |
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SECTION 2. (a) As soon as possible after the effective date |
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of this Act, the Department of Aging and Disability Services or the |
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Health and Human Services Commission, as appropriate, shall apply |
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for any waiver or other authorization from a federal agency that is |
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necessary to implement this Act. The department and commission may |
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delay implementing this Act until the waiver or authorization is |
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granted. |
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(b) As soon as practicable after the effective date of this |
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Act: |
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(1) the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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Section 531.058(a-1), Government Code, as added by this Act; and |
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(2) the Department of Aging and Disability Services |
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and the Health and Human Services Commission shall, as appropriate, |
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revise or enter into a memorandum of understanding as required by a |
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federal agency that is necessary to implement Section 531.058(a-1), |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |