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A BILL TO BE ENTITLED
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AN ACT
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relating to a council on long-term care facility surveys and |
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informal dispute resolution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Council" means the Long-Term Care Facility Survey |
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and Informal Dispute Resolution Council established under this Act. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Long-term care facility" means a facility subject |
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to regulation under Section 32.021(d), Human Resources Code, or |
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Chapter 242, 247, or 252, Health and Safety Code. |
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SECTION 2. COUNCIL ESTABLISHED; MEMBERSHIP; OFFICERS. |
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(a) Not later than December 1, 2015, the executive commissioner |
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shall establish a Long-Term Care Facility Survey and Informal |
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Dispute Resolution Council. The council is composed of the |
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following members appointed by the executive commissioner: |
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(1) two program managers from different Department of |
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Aging and Disability Services regions; |
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(2) one surveyor who has attained at least the level of |
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investigator IV; |
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(3) two members of an enforcement team from different |
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Department of Aging and Disability Services regions; |
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(4) three surveyors, each from a different Department |
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of Aging and Disability Services region, at least one of whom must |
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have a background in nursing, at least one of whom must have a |
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background in social work, and at least one of whom must have a |
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background in the provision of pharmacy services; |
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(5) one informal dispute resolution team leader; |
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(6) one informal dispute resolution reviewer; |
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(7) two owners or regional vice presidents of |
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operation who oversee multiple long-term care facilities; |
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(8) two regional quality assurance nurses who oversee |
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multiple long-term care facilities; |
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(9) two active long-term care facility |
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administrators; and |
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(10) two active long-term care facility directors of |
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nursing. |
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(b) The executive commissioner shall designate a member of |
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the council to serve as presiding officer. The members of the |
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council shall elect any other necessary officers. |
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(c) A member of the council serves at the will of the |
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executive commissioner. |
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SECTION 3. MEETINGS. The council shall meet at the call of |
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the executive commissioner. |
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SECTION 4. REIMBURSEMENT OR COMPENSATION NOT AUTHORIZED. A |
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member of the council is not entitled to reimbursement of expenses |
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or to compensation for service on the council. |
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SECTION 5. GIFTS OR GRANTS. The council may accept gifts |
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and grants from any source to be used to carry out a function of the |
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council. |
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SECTION 6. DUTIES OF COUNCIL. (a) The council shall study |
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and make recommendations regarding a consistent survey and informal |
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dispute resolution process for long-term care facilities. |
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(b) The council shall: |
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(1) study and make recommendations regarding best |
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practices and protocols to make survey, inspection, and informal |
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dispute resolution processes more efficient and less burdensome on |
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long-term care facilities; and |
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(2) recommend uniform standards for those processes. |
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SECTION 7. REPORT. Not later than January 1, 2017, the |
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council shall submit a report on the council's findings and |
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recommendations required by this Act to the executive commissioner, |
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the governor, the lieutenant governor, the speaker of the house of |
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representatives, and the chairs of the appropriate legislative |
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committees. |
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SECTION 8. APPLICATION OF CERTAIN LAW. Chapter 2110, |
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Government Code, does not apply to the council. |
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SECTION 9. EXPIRATION. This Act expires June 1, 2017. |
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SECTION 10. EFFECTIVE DATE. This Act takes effect |
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September 1, 2015. |