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A BILL TO BE ENTITLED
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AN ACT
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relating to penalties assessed against certain long-term care |
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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 242.0665(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply: |
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(1) to a violation that the department determines: |
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(A) results in serious harm to or death of a |
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resident; |
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(B) constitutes a serious threat to the health or |
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safety of a resident; or |
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(C) substantially limits the institution's |
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capacity to provide care; |
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(2) to a violation described by Sections |
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242.066(a)(2)-(7); |
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(3) to a violation of Section 260A.014 or 260A.015; |
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[or] |
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(4) to a violation of a right of a resident adopted |
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under Subchapter L; or |
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(5) to a violation the department determines involves |
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the administration to a resident of one or more unnecessary |
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psychoactive medications, as defined by Section 242.505. |
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SECTION 2. Section 242.070, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 242.070. APPLICATION OF OTHER LAW. The department may |
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not assess more than one monetary penalty under this chapter and |
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Chapter 32, Human Resources Code, for a violation arising out of the |
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same act or failure to act, except as provided by Section |
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242.0665(c) or for a violation described by Section 242.0665(b)(4) |
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or (5). The department may assess the greater of a monetary penalty |
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under this chapter or a monetary penalty under Chapter 32, Human |
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Resources Code, for the same act or failure to act. |
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SECTION 3. Sections 242.0665(b) and 242.070, Health and |
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Safety Code, as amended by this Act, apply only to conduct that |
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occurs on or after the effective date of this Act. Conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |