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A BILL TO BE ENTITLED
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AN ACT
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relating to the informal dispute resolution process for certain |
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disputes between the Health and Human Services Commission and |
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long-term care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.058(a-1), Government Code, as added |
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by Chapter 590 (S.B. 924), Acts of the 85th Legislature, Regular |
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Session, 2017, is amended to read as follows: |
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(a-1) As part of the informal dispute resolution process |
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established under this section, the commission shall contract with |
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an appropriate disinterested person to adjudicate disputes between |
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an institution or facility licensed under Chapter 242, Health and |
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Safety Code, or a facility licensed under Chapter 247, Health and |
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Safety Code, and the commission concerning a statement of |
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violations prepared by the commission in connection with a survey |
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conducted by the commission of the institution or facility. |
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Section 2009.053 does not apply to the selection of an appropriate |
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disinterested person under this subsection. The person with whom |
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the commission contracts shall adjudicate all disputes described by |
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this subsection. The informal dispute resolution process for the |
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statement of violations must require: |
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(1) the surveyor who conducted the survey for which |
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the statement was prepared to be available to testify or be examined |
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during any proceeding of the informal dispute resolution process; |
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and |
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(2) the commission's review of the institution's or |
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facility's informal dispute resolution request to be conducted by a |
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registered nurse with long-term care experience for a standard of |
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care violation. |
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SECTION 2. Section 242.0445, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) If the commission or the commission's representative |
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conducting an inspection, survey, or investigation under Section |
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242.043 or 242.044 identifies a violation that constitutes |
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immediate jeopardy to the health or safety of a resident: |
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(1) the commission shall immediately notify the |
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facility's management of the violation; and |
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(2) a commission representative shall remain in the |
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facility until the commission has accepted the facility's plan to |
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correct the violation. |
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SECTION 3. Section 531.058(a-1), Government Code, as added |
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by Chapter 836 (H.B. 2025), Acts of the 85th Legislature, Regular |
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Session, 2017, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |