87R12215 EAS-D
 
  By: Hinojosa S.B. No. 2013
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study on administrative penalties assessed against a
  substance use disorder service provider and to requiring the Health
  and Human Services Commission to provide administrative penalty
  schedules on the commission's Internet website.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  In this Act:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Substance use disorder service provider" means a
  person licensed or regulated under Chapter 464, Health and Safety
  Code.
         (b)  The commission shall conduct a study to evaluate certain
  administrative penalties assessed by the commission against
  substance use disorder service providers.
         (c)  In conducting the study, the commission shall evaluate:
               (1)  the effect of administrative penalties assessed
  against substance use disorder service providers on or before the
  repeal of 25 T.A.C. Sections 442.101, 442.102, 442.103, and 442.104
  on March 1, 2020;
               (2)  the impact on substance use disorder service
  providers since March 1, 2020, of administrative penalties assessed
  against providers under the provisions listed in Subdivision (1) of
  this subsection;
               (3)  the economic impact on substance use disorder
  service providers of the change in the administrative penalty
  schedule since March 1, 2020;
               (4)  the effect of the changes described by
  Subdivisions (1), (2), and (3) of this subsection on the ability of
  a substance use disorder service provider to provide services in
  this state; and
               (5)  whether the administrative penalty schedule
  relating to substance use disorder service providers adopted after
  March 1, 2020, is appropriate.
         (d)  Not later than January 1, 2022, the commission shall
  prepare and submit to the legislature a written report containing
  the results of the study and any recommendations for legislative or
  other action.
         (e)  This section expires September 1, 2023.
         SECTION 2.  Section 464.019, Health and Safety Code, is
  amended by adding Subsection (s) to read as follows:
         (s)  The commission shall post on the commission's Internet
  website current administrative penalty schedules applicable to a
  person licensed or regulated under this chapter.  The commission
  shall ensure that the administrative penalties listed in the posted
  schedules are accurate.
         SECTION 3.  This Act takes effect September 1, 2021.