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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative penalties assessed against certain |
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nursing facilities for the improper discharge or transfer of a |
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resident. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.0661 to read as follows: |
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Sec. 242.0661. ADMINISTRATIVE PENALTY FOR IMPROPER |
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DISCHARGE OR TRANSFER OF RESIDENT. (a) The commission shall assess |
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an administrative penalty under this section against a |
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Medicaid-certified nursing facility that discharges or transfers a |
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resident from the facility in violation of: |
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(1) a rule related to the improper discharge or |
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transfer of a resident from a facility or to the return of a |
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resident to a facility following hospitalization; or |
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(2) a hearing officer's fair hearing decision. |
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(b) A penalty described by Subsection (a) must be assessed |
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in the following graduated amounts: |
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(1) $2,000 for each day of a continuing violation |
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during the first seven consecutive days; |
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(2) $4,000 for each day of a continuing violation |
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during the second seven consecutive days; and |
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(3) $6,000 for each day of a continuing violation |
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after the first 14 consecutive days. |
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(c) For purposes of assessing a violation under this |
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section, the first day of a violation is the date the violation is |
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cited at an exit conference following a survey, inspection, or |
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investigation. |
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(d) Section 242.0665 does not apply to a penalty assessed |
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under Subsection (b)(2) or (3). |
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(e) The commission shall order a nursing facility that is |
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assessed a penalty under Subsection (b)(3) to immediately suspend |
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admissions until the facility corrects the violation or complies |
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with a hearing officer's fair hearing decision regarding the |
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discharged or transferred resident. |
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SECTION 2. Section 242.0661, Health and Safety Code, as |
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added by this Act, applies only to actions taken by the Health and |
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Human Services Commission and license holders under Chapter 242, |
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Health and Safety Code, on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |