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A BILL TO BE ENTITLED
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AN ACT
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relating to inspection procedures in certain long-term care |
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facilities and the creation of a long-term care legislative |
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oversight committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.027, Health and Safety Code, is |
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amended by adding Subsections (c), (d), (e), (f), and (g) to read as |
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follows: |
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(c) On application of an assisted living facility licensed |
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under this chapter, a municipal fire marshal may grant a waiver for |
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a violation of a life safety requirement or fire safety standard |
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cited in the commission's final official statement of violations |
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after an inspection conducted under this section if the fire |
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marshal finds that: |
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(1) the facility met all applicable life safety |
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requirements and fire safety standards at the time the facility was |
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initially licensed; and |
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(2) the waiver will not have an adverse effect on |
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resident health and safety. |
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(d) An assisted living facility that receives a waiver under |
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Subsection (c) is not required to include the waived violation in |
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the facility's plan of correction submitted under Section 247.0271. |
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(e) A commission employee may not conduct an inspection of |
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an assisted living facility unless the employee is a health care |
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professional licensed in this state. An officer or employee of a |
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facility may require the commission employee to provide proof of |
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the licensure before the commission employee conducts an |
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inspection. |
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(f) The commission employee shall include on the |
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commission's inspection checklist: |
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(1) a brief description of the evidence that supports |
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a finding that a violation occurred; and |
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(2) the name and title of the person who found each |
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violation. |
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(g) The executive commissioner shall adopt rules to ensure |
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that among the community services regions the commission uniformly |
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administers inspections and consistently interprets and enforces |
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the rules and laws regulating the assisted living facilities. The |
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executive commissioner shall prepare and deliver a semiannual |
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progress report on uniform administration, interpretation, and |
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enforcement to the commission and the appropriate health and human |
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services legislative standing committees. |
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SECTION 2. Section 247.0271, Health and Safety Code, is |
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amended by adding Subsections (c-1) and (e) to read as follows: |
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(c-1) The inspector may not conduct an additional |
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inspection during an additional exit conference. The inspector may |
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not use an additional exit conference to retaliate against an |
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assisted living facility for: |
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(1) filing a complaint against the commission or the |
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inspector regarding an inspection; or |
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(2) requesting an administrative hearing to contest a |
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finding of a violation of this chapter. |
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(e) The inspector may not require an assisted living |
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facility, through an inspection or the final official statement of |
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violations, to take any action that conflicts with a written order |
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of a physician. A facility shall provide evidence that the |
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statement of violations conflicts with a written order of a |
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physician in the facility's plan of correction. A facility is not |
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required to correct a violation that conflicts with the written |
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orders of a physician. |
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SECTION 3. Section 252.038, Health and Safety Code, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) On application of a facility licensed under this |
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chapter, a municipal fire marshal may grant a waiver for a violation |
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of a life safety requirement or fire safety standard cited in the |
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commission's final official statement of violations after an |
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inspection, survey, or investigation conducted under this chapter |
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if the fire marshal finds that: |
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(1) the facility met all applicable life safety |
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requirements and fire safety standards at the time the facility was |
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initially licensed; and |
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(2) the waiver will not have an adverse effect on |
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resident health and safety. |
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(g) A facility that receives a waiver under Subsection (f) |
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is not required to include the waived violation in the facility's |
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plan to correct violations submitted under Section 252.044. |
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SECTION 4. Section 252.040, Health and Safety Code, is |
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amended by amending Subsection (i) and adding Subsections (j) and |
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(k) to read as follows: |
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(i) The commission [department] shall have specialized |
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staff conduct inspections, surveys, or investigations of |
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facilities under this section. A commission employee may not |
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conduct an inspection, survey, or investigation of a facility |
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unless the employee is a health care professional licensed in this |
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state. An officer or employee of a facility may require the |
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commission employee to provide proof of the licensure before the |
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commission employee conducts an inspection, survey, or |
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investigation. |
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(j) The commission or the commission's representative shall |
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include on the commission's inspection form: |
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(1) a brief description of the evidence that supports |
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a finding that a violation occurred; and |
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(2) the name and title of the person who found each |
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violation. |
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(k) The executive commissioner shall adopt rules to ensure |
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that among the community services regions the commission uniformly |
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administers inspections, surveys, and investigations and |
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consistently interprets and enforces the rules and laws regulating |
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the facilities licensed under this chapter. The executive |
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commissioner shall prepare and deliver a semiannual progress report |
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on uniform administration, interpretation, and enforcement to the |
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commission and the appropriate health and human services |
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legislative standing committees. |
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SECTION 5. Section 252.044, Health and Safety Code, is |
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amended by adding Subsections (b-1) and (d) to read as follows: |
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(b-1) The commission or the commission's representative may |
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not conduct an additional inspection, survey, or investigation |
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during an additional exit conference. The commission or the |
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commission's representative may not use an additional exit |
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conference to retaliate against a facility for: |
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(1) filing a complaint against the commission or the |
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commission's representative regarding an inspection, survey, or |
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investigation; or |
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(2) requesting an administrative hearing to contest a |
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finding of a violation of this chapter. |
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(d) The commission or the commission's representative may |
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not require a facility, through an inspection, survey, or |
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investigation or the final official statement of violations, to |
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take any action that conflicts with a written order of a physician. |
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A facility shall provide evidence that the statement of violations |
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conflicts with a written order of a physician in the facility's plan |
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to correct violations. A facility is not required to correct a |
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violation that conflicts with the written orders of a physician. |
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SECTION 6. Chapter 161, Human Resources Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. LEGISLATIVE OVERSIGHT COMMITTEE |
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Sec. 161.401. DEFINITIONS. In this subchapter: |
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(1) "Committee" means the long-term care legislative |
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oversight committee. |
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(2) "Facility" means: |
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(A) an institution licensed under Chapter 242, |
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Health and Safety Code; |
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(B) an assisted living facility licensed under |
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Chapter 247, Health and Safety Code; and |
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(C) an intermediate care facility licensed under |
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Chapter 252, Health and Safety Code. |
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Sec. 161.402. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. |
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(a) The committee is composed of: |
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(1) two members of the senate and one public member |
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appointed by the lieutenant governor; and |
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(2) two members of the house of representatives and |
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one public member appointed by the speaker of the house of |
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representatives. |
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(b) A member of the committee serves at the pleasure of the |
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appointing official. |
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(c) The lieutenant governor and the speaker of the house of |
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representatives shall appoint the presiding officer of the |
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committee on an alternating basis. The presiding officer shall |
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serve a two-year term expiring February 1 of each odd-numbered |
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year. |
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Sec. 161.403. COMMITTEE POWERS AND DUTIES. (a) The |
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committee shall: |
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(1) meet at the call of the presiding officer; |
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(2) receive, review, and comment on rules proposed by |
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the commission; and |
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(3) review recommendations for legislation proposed |
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by the commission or the attorney general relating to facilities. |
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(b) The committee may hear a facility's complaint regarding |
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an operational dispute and make a recommendation to the commission. |
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(c) The committee may issue process, in accordance with |
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Section 301.024, Government Code, to compel the attendance of |
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witnesses and the production of books, records, documents, and |
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instruments required by the committee. |
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(d) The committee may monitor the effectiveness and |
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efficiency of the facility regulatory system of this state. |
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(e) The committee may propose legislation relating to |
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facilities. |
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(f) The committee may request reports and other information |
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from the commission and the attorney general relating to: |
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(1) the facility regulatory and enforcement system of |
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this state; |
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(2) the standards for including a facility in the STAR |
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+ PLUS Medicaid managed care program; and |
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(3) the effectiveness of the STAR + PLUS Medicaid |
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managed care program in reducing preventable acute care costs. |
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(g) The committee shall use the existing staff resources of |
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the senate and the house of representatives to assist the committee |
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in performing its duties under this section. |
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Sec. 161.404. REPORT. (a) The committee shall submit a |
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report to the governor, lieutenant governor, and speaker of the |
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house of representatives not later than November 15 of each |
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even-numbered year. |
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(b) The report must include: |
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(1) identification of significant problems in the |
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facility regulatory and enforcement system, with recommendations |
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for action; |
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(2) the effectiveness and efficiency of the facility |
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regulatory system of this state, with recommendations for action; |
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and |
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(3) recommendations for legislative action, if |
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necessary or appropriate. |
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Sec. 161.405. EXPIRATION. This subchapter expires |
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September 1, 2021. |
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SECTION 7. (a) As soon as practicable after the effective |
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date of this Act, 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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the changes in law made by this Act. |
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(b) Not later than December 1, 2017, the Health and Human |
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Services Commission shall modify inspection forms to conform to the |
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requirements of this Act. |
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(c) The changes in law made by this Act apply only to an |
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inspection, survey, or investigation conducted on or after January |
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1, 2018. |
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(d) As soon as practicable after the effective date of this |
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Act, the lieutenant governor and the speaker of the house of |
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representatives shall appoint members to the long-term care |
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legislative oversight committee as required by Subchapter J, |
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Chapter 161, Human Resources Code, as added by this Act. The |
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speaker of the house of representatives shall appoint the first |
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presiding officer of the committee. |
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SECTION 8. This Act takes effect September 1, 2017. |