By: Klick H.B. No. 3240
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition of the Long-Term Care Facilities
  Council and rules related to and the imposition of administrative
  penalties against certain long-term care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.0581(b), Government Code, is amended
  to read as follows:
         (b)  The executive commissioner shall establish a Long-Term
  Care Facilities Council as a permanent advisory committee to the
  commission. The council is composed of the following members
  appointed by the executive commissioner:
               (1)  at least one member who is a for-profit nursing
  facility provider;
               (2)  at least one member who is a nonprofit nursing
  facility provider;
               (3)  at least one member who is an assisted living
  services provider;
               (4)  at least one member responsible for survey
  enforcement within the state survey and certification agency;
               (5)  at least one member responsible for survey
  inspection within the state survey and certification agency;
               (6)  at least one member of the state agency
  responsible for informal dispute resolution;
               (7)  at least one member with expertise in Medicaid
  quality-based payment systems for long-term care facilities;
               (8)  at least one member who is a practicing medical
  director of a long-term care facility; [and]
               (9)  at least one member who is a physician with
  expertise in infectious disease or public health; and
               (10)  at least one member who is a community-based
  provider at an intermediate care facility for individuals with
  intellectual or developmental disabilities licensed under Chapter
  252, Health and Safety Code.
         SECTION 2.  Section 252.065(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The penalty for a facility with fewer than 60 beds shall
  be not less than $100 or more than $1,000 for each violation. The
  penalty for a facility with 60 beds or more shall be not less than
  $100 or more than $5,000 for each violation. Each day a violation
  occurs or continues is a separate violation for purposes of
  imposing a penalty. The total amount of penalties [a penalty]
  assessed under this subsection for an on-site regulatory visit or
  complaint investigation, regardless of the duration of any ongoing
  violations, [for each day a violation occurs or continues] may not
  exceed:
               (1)  $5,000 for a facility with fewer than 60 beds; and
               (2)  $25,000 for a facility with 60 beds or more.
         SECTION 3.  Section 161.089(c), Human Resources Code, is
  amended to read as follows:
         (c)  After consulting with appropriate stakeholders, the
  executive commissioner shall develop and adopt rules regarding the
  imposition of administrative penalties under this section. The
  rules must:
               (1)  specify the types of violations that warrant
  imposition of an administrative penalty;
               (2)  establish a schedule of progressive
  administrative penalties in accordance with the relative type,
  frequency, and seriousness of a violation;
               (3)  prescribe reasonable amounts to be imposed for
  each violation giving rise to an administrative penalty, subject to
  Subdivision (4);
               (4)  authorize the imposition of an administrative
  penalty in an amount not to exceed $5,000 for each violation;
               (5)  provide that a provider commits a separate
  violation each day the provider continues to violate the law or
  rule;
               (6)  ensure standard and consistent application of
  administrative penalties throughout the state; [and]
               (7)  provide for an administrative appeals process to
  adjudicate claims and appeals relating to the imposition of an
  administrative penalty under this section that is in accordance
  with Chapter 2001, Government Code;
               (8)  ensure standard and consistent interpretation of
  service delivery rules and consistent application of
  administrative penalties throughout this state; and
               (9)  include interpretative guidelines for regulatory
  staff and providers regarding the imposition of administrative
  penalties under this section.
         SECTION 4.  Not later than December 1, 2021, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to implement the changes in law made by
  this Act.
         SECTION 5.  The Health and Human Services Commission may not
  assess a penalty under Section 161.089, Human Resources Code, as
  amended by this Act, until the executive commissioner of the Health
  and Human Services Commission adopts the rules necessary to
  implement Sections 161.089(c)(8) and (9), Human Resources Code, as
  added by this Act.
         SECTION 6.  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, 2021.