Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB3803 by Guillen (Relating to the maximum amount of an administrative penalty assessed on certain long-term care facilities.), Committee Report 2nd House, Substituted
The bill could result in a loss of General Revenue Funds, but the fiscal implications of the bill cannot be determined at this time, as the number of future violations subject to the bill's provisions is unknown.
The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money to the commission specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations that are available for that purpose.
The bill would amend Chapter 252 of the Health and Safety Code regarding intermediate care for individuals with an intellectual disability. The bill would impose a cap on the total amount of an administrative penalty that may be assessed for each day a violation occurs or continues for certain long-term care facilities. The cap would be set at $5,000 for an ICF/IID with fewer than 60 beds and $25,000 for a facility with 60 beds or more.
Current penalties for a facility with fewer than 60 beds range from $500 to $1,000, and penalties for a facility with 60 beds or more range from $500 to $5,000 for each violation. In fiscal year 2018, 20 administrative penalties related to the bill's provisions were imposed, equal to $186,000 in revenue.
The Comptroller of Public Accounts indicates that the fiscal impact of the bill cannot be determined, as the number of future violations subject to the bill's provisions is unknown.
The Health and Human Services Commission is required to implement a provision of this Act only if the legislature appropriates money to the commission specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations that are available for that purpose.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission