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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and inspection procedures of certain |
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long-term care facilities, including a survey of certain |
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facilities' emergency power sources. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.043(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission [department] or the commission's |
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[department's] representative may make any inspection, including |
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an unannounced inspection or follow-up inspection, survey, or |
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investigation that it considers necessary and may enter the |
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premises of an institution at reasonable times to make an |
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inspection, survey, or investigation in accordance with department |
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rules. |
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SECTION 2. Sections 242.044(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The commission [Each licensing period, the department] |
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shall annually conduct at least one [two] unannounced inspection |
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[inspections] of each institution. |
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(b) For at least one [two] unannounced annual inspection |
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[inspections each licensing period] of an institution, the |
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commission [department] shall invite at least one person as a |
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citizen advocate from: |
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(1) the AARP; |
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(2) the Texas Senior Citizen Association; |
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(3) the department's Certified Long-term Care |
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Ombudsman; or |
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(4) another statewide organization for the elderly. |
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SECTION 3. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Sections 242.0441 and 242.0442 to read as |
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follows: |
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Sec. 242.0441. FOLLOW-UP INSPECTIONS. (a) The commission |
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or the commission's representative may conduct a follow-up |
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inspection of an institution after conducting an inspection, |
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survey, or investigation of the institution under Section 242.043 |
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or 242.044 to: |
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(1) evaluate and monitor the findings of the initial |
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inspection, survey, or investigation; and |
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(2) ensure the commission is citing and punishing |
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institutional deficiencies consistently across the state. |
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(b) If an institution corrects a deficiency cited during a |
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follow-up inspection within the time specified by executive |
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commissioner rule, the commission may not impose additional |
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punitive actions for the deficiency. |
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Sec. 242.0442. COMMISSION EVALUATION OF REGULATORY |
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CAPACITY. (a) Not later than January 31 of each year, the |
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commission shall evaluate the commission's capacity to regulate |
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institutions under this chapter and formulate a strategy to |
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effectively perform licensing duties, enforcement activities, and |
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complaint investigations for that year. |
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(b) The commission shall continue to regularly evaluate the |
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commission's capacity to regulate institutions under this chapter |
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and implement corrective measures as necessary. |
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(c) The commission shall monitor the commission's staffing |
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of employees who perform inspections, surveys, or investigations of |
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institutions under this chapter and fill any vacant positions as |
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soon as possible. |
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(d) Not later than January 1 of each year, the commission |
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shall evaluate the commission's compliance during the previous year |
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with Sections 242.043, 242.044, and 242.0441. |
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SECTION 4. (a) The Health and Human Services Commission |
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shall conduct a survey on the number of facilities licensed under |
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Chapter 242, Health and Safety Code, and the number of assisted |
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living facilities licensed under Chapter 247, Health and Safety |
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Code, that are equipped with an operational emergency generator or |
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comparable emergency power source that is capable of providing |
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continuous electric utility services to the facility during severe |
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weather events or other emergencies. |
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(b) Not later than September 1, 2022, the Health and Human |
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Services Commission shall publish the results of the survey |
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conducted under Subsection (a) of this section on the commission's |
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Internet website. |
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SECTION 5. This Act takes effect September 1, 2021. |
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