| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to enforcement for violations of duplicate state and |
|
|
federal regulations by long-term facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 242.070, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission |
|
|
[department] may not assess more than one monetary penalty under |
|
|
this chapter and Chapter 32, Human Resources Code, for a violation |
|
|
arising out of the same act or failure to act, except as provided by |
|
|
Section 242.0665(c). The commission [department] may assess the |
|
|
greater of a monetary penalty under this chapter or a monetary |
|
|
penalty under Chapter 32, Human Resources Code, for the same act or |
|
|
failure to act. |
|
|
(b) The commission may not include in a final statement of |
|
|
violations under Section 242.0445 or impose a monetary penalty or |
|
|
other remedy authorized by this chapter for a violation if: |
|
|
(1) the violation is related to an area of care subject |
|
|
to the same standard under both federal certification and state |
|
|
licensing requirements; |
|
|
(2) the facility's act or omission constitutes a |
|
|
violation of this chapter or a rule or standard adopted under this |
|
|
chapter and a parallel federal law or regulation related to the |
|
|
operation of the facility; |
|
|
(3) the commission's written list of violations |
|
|
provided under Section 242.0445 identifies the act or omission that |
|
|
violates the parallel federal law or regulation; and |
|
|
(4) the violation, as determined by the department |
|
|
consistent with Section 242.0665, does not: |
|
|
(A) result in serious harm to or death of a |
|
|
resident; or |
|
|
(B) constitute a serious threat to the health or |
|
|
safety of a resident. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules necessary to implement |
|
|
Section 242.070(b), Health and Safety Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |