85R25560 AJZ-F
 
  By: Raymond H.B. No. 3533
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to inspection procedures in certain long-term care
  facilities and the creation of a long-term care legislative
  oversight committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 247.027, Health and Safety Code, is
  amended by adding Subsections (c), (d), and (e) to read as follows:
         (c)  If a commission employee who conducts an inspection of
  an assisted living facility is a health care professional licensed
  in this state, an officer or employee of the facility may require
  the commission employee to provide proof of licensure before the
  commission employee conducts the inspection.
         (d)  The commission employee shall include on the
  commission's inspection checklist:
               (1)  a brief description of the evidence that supports
  a finding that a violation occurred; and
               (2)  the name and title of the person who found each
  violation.
         (e)  The executive commissioner shall adopt rules to ensure
  that among the community services regions the commission uniformly
  administers inspections and consistently interprets and enforces
  the rules and laws regulating the assisted living facilities.  The
  executive commissioner shall prepare and deliver a semiannual
  progress report on uniform administration, interpretation, and
  enforcement to the commission and the appropriate health and human
  services legislative standing committees.
         SECTION 2.  Section 247.0271, Health and Safety Code, is
  amended by adding Subsections (c-1) and (e) to read as follows:
         (c-1)  The inspector may not conduct an additional
  inspection during an additional exit conference. The inspector may
  not use an additional exit conference to retaliate against an
  assisted living facility for:
               (1)  filing a complaint against the commission or the
  inspector regarding an inspection; or
               (2)  requesting an administrative hearing to contest a
  finding of a violation of this chapter.
         (e)  The inspector may not require an assisted living
  facility, through an inspection or the final official statement of
  violations, to take any action that conflicts with a written order
  of a physician.  A facility shall provide evidence that the
  statement of violations conflicts with a written order of a
  physician in the facility's plan of correction.  A facility is not
  required to correct a violation that conflicts with the written
  orders of a physician.
         SECTION 3.  Section 252.040, Health and Safety Code, is
  amended by amending Subsection (i) and adding Subsections (j) and
  (k) to read as follows:
         (i)  The commission [department] shall have specialized
  staff conduct inspections, surveys, or investigations of
  facilities under this section.  If a commission employee who
  conducts an inspection, survey, or investigation of a facility is a
  health care professional licensed in this state, an officer or
  employee of the facility may require the commission employee to
  provide proof of licensure before the commission employee conducts
  the inspection, survey, or investigation.
         (j)  The commission or the commission's representative shall
  include on the commission's inspection form:
               (1)  a brief description of the evidence that supports
  a finding that a violation occurred; and
               (2)  the name and title of the person who found each
  violation.
         (k)  The executive commissioner shall adopt rules to ensure
  that among the community services regions the commission uniformly
  administers inspections, surveys, and investigations and
  consistently interprets and enforces the rules and laws regulating
  the facilities licensed under this chapter.  The executive
  commissioner shall prepare and deliver a semiannual progress report
  on uniform administration, interpretation, and enforcement to the
  commission and the appropriate health and human services
  legislative standing committees.
         SECTION 4.  Section 252.044, Health and Safety Code, is
  amended by adding Subsections (b-1) and (d) to read as follows:
         (b-1)  The commission or the commission's representative may
  not conduct an additional inspection, survey, or investigation
  during an additional exit conference.  The commission or the
  commission's representative may not use an additional exit
  conference to retaliate against a facility for:
               (1)  filing a complaint against the commission or the
  commission's representative regarding an inspection, survey, or
  investigation; or
               (2)  requesting an administrative hearing to contest a
  finding of a violation of this chapter.
         (d)  The commission or the commission's representative may
  not require a facility, through an inspection, survey, or
  investigation or the final official statement of violations, to
  take any action that conflicts with a written order of a physician.  
  A facility shall provide evidence that the statement of violations
  conflicts with a written order of a physician in the facility's plan
  to correct violations.  A facility is not required to correct a
  violation that conflicts with the written orders of a physician.
         SECTION 5.  Chapter 161, Human Resources Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. LEGISLATIVE OVERSIGHT COMMITTEE
         Sec. 161.401.  DEFINITIONS. In this subchapter:
               (1)  "Committee" means the long-term care legislative
  oversight committee.
               (2)  "Facility" means:
                     (A)  an institution licensed under Chapter 242,
  Health and Safety Code;
                     (B)  an assisted living facility licensed under
  Chapter 247, Health and Safety Code; and
                     (C)  an intermediate care facility licensed under
  Chapter 252, Health and Safety Code.
         Sec. 161.402.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
  (a) The committee is composed of:
               (1)  two members of the senate and one public member
  appointed by the lieutenant governor; and
               (2)  two members of the house of representatives and
  one public member appointed by the speaker of the house of
  representatives.
         (b)  A member of the committee serves at the pleasure of the
  appointing official.
         (c)  The lieutenant governor and the speaker of the house of
  representatives shall appoint the presiding officer of the
  committee on an alternating basis. The presiding officer shall
  serve a two-year term expiring February 1 of each odd-numbered
  year.
         Sec. 161.403.  COMMITTEE POWERS AND DUTIES. (a) The
  committee shall:
               (1)  meet at the call of the presiding officer;
               (2)  receive, review, and comment on rules proposed by
  the commission; and
               (3)  review recommendations for legislation proposed
  by the commission or the attorney general relating to facilities.
         (b)  The committee may hear a facility's complaint regarding
  an operational dispute and make a recommendation to the commission.
         (c)  The committee may issue process, in accordance with
  Section 301.024, Government Code, to compel the attendance of
  witnesses and the production of books, records, documents, and
  instruments required by the committee.
         (d)  The committee may monitor the effectiveness and
  efficiency of the facility regulatory system of this state.
         (e)  The committee may propose legislation relating to
  facilities.
         (f)  The committee may request reports and other information
  from the commission and the attorney general relating to:
               (1)  the facility regulatory and enforcement system of
  this state;
               (2)  the standards for including a facility in the STAR
  + PLUS Medicaid managed care program; and 
               (3)  the effectiveness of the STAR + PLUS Medicaid
  managed care program in reducing preventable acute care costs.
         (g)  The committee shall use the existing staff resources of
  the senate and the house of representatives to assist the committee
  in performing its duties under this section.
         Sec. 161.404.  REPORT. (a) The committee shall submit a
  report to the governor, lieutenant governor, and speaker of the
  house of representatives not later than November 15 of each
  even-numbered year.
         (b)  The report must include:
               (1)  identification of significant problems in the
  facility regulatory and enforcement system, with recommendations
  for action;
               (2)  the effectiveness and efficiency of the facility
  regulatory system of this state, with recommendations for action;
  and
               (3)  recommendations for legislative action, if
  necessary or appropriate.
         Sec. 161.405.  EXPIRATION. This subchapter expires
  September 1, 2021.
         SECTION 6.  (a)  As soon as practicable after the effective
  date of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt the rules necessary to implement
  the changes in law made by this Act.
         (b)  Not later than December 1, 2017, the Health and Human
  Services Commission shall modify inspection forms to conform to the
  requirements of this Act.
         (c)  The changes in law made by this Act apply only to an
  inspection, survey, or investigation conducted on or after January
  1, 2018.
         (d)  As soon as practicable after the effective date of this
  Act, the lieutenant governor and the speaker of the house of
  representatives shall appoint members to the long-term care
  legislative oversight committee as required by Subchapter J,
  Chapter 161, Human Resources Code, as added by this Act. The
  speaker of the house of representatives shall appoint the first
  presiding officer of the committee.
         SECTION 7.  This Act takes effect September 1, 2017.