86R10139 EAS-F
 
  By: Clardy H.B. No. 2205
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the informal dispute resolution process for certain
  disputes between the Health and Human Services Commission and
  long-term care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.058(a-1), Government Code, as added
  by Chapter 590 (S.B. 924), Acts of the 85th Legislature, Regular
  Session, 2017, is amended to read as follows:
         (a-1)  As part of the informal dispute resolution process
  established under this section, the commission shall contract with
  an appropriate disinterested person to adjudicate disputes between
  an institution or facility licensed under Chapter 242, Health and
  Safety Code, or a facility licensed under Chapter 247, Health and
  Safety Code, and the commission concerning a statement of
  violations prepared by the commission in connection with a survey
  conducted by the commission of the institution or facility.
  Section 2009.053 does not apply to the selection of an appropriate
  disinterested person under this subsection. The person with whom
  the commission contracts shall adjudicate all disputes described by
  this subsection. The informal dispute resolution process for the
  statement of violations must require:
               (1)  the surveyor who conducted the survey for which
  the statement was prepared to be available to testify or be examined
  during any proceeding of the informal dispute resolution process;
  and
               (2)  the commission's review of the institution's or
  facility's informal dispute resolution request to be conducted by a
  registered nurse with long-term care experience for a standard of
  care violation.
         SECTION 2.  Section 242.0445, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  If the commission or the commission's representative
  conducting an inspection, survey, or investigation under Section
  242.043 or 242.044 identifies a violation that constitutes
  immediate jeopardy to the health or safety of a resident:
               (1)  the commission shall immediately notify the
  facility's management of the violation; and
               (2)  a commission representative shall remain in the
  facility until the commission has accepted the facility's plan to
  correct the violation.
         SECTION 3.  Section 531.058(a-1), Government Code, as added
  by Chapter 836 (H.B. 2025), Acts of the 85th Legislature, Regular
  Session, 2017, is repealed.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.