| |
|
|
SENATE RESOLUTION
|
|
|
BE IT RESOLVED by the Senate of the State of Texas, 87th |
|
|
Legislature, Regular Session, 2021, That Senate Rule 12.03 be |
|
|
suspended in part as provided by Senate Rule 12.08 to enable the |
|
|
conference committee appointed to resolve the differences on |
|
|
House Bill 3720 (long-term care facilities for and Medicaid |
|
|
waiver programs available to certain individuals, including |
|
|
individuals with intellectual and developmental disabilities) to |
|
|
consider and take action on the following matters: |
|
|
(1) Senate Rule 12.03(2) is suspended to permit the |
|
|
committee to omit text not in disagreement by omitting proposed |
|
|
Section 531.06035, Government Code, and the transition language |
|
|
associated with that section. The omitted text imposes a duty on |
|
|
the Health and Human Services Commission to conduct a medical |
|
|
necessity assessment of a child who receives Supplemental |
|
|
Security Income (SSI) before placing the child on the interest |
|
|
list for the medically dependent children (MDCP) program. |
|
|
Explanation: The omission of the text is necessary to |
|
|
remove the duty imposed on the Health and Human Services |
|
|
Commission to conduct certain medical necessity assessments of a |
|
|
child who receives Supplemental Security Income (SSI) before |
|
|
placing the child on the interest list for the medically |
|
|
dependent children (MDCP) program. |
|
|
(2) Senate Rule 12.03(4) is suspended to permit the |
|
|
committee to add text on a matter not included in either the house |
|
|
or senate version of the bill by adding the following new SECTION |
|
|
to the bill: |
|
|
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. |
|
|
Explanation: This addition is necessary to change the |
|
|
composition of the Texas Long-Term Care Facilities Council to |
|
|
include at least one member who is a community-based provider at |
|
|
certain intermediate care facilities. |
|
|
(3) Senate Rule 12.03(4) is suspended to permit the |
|
|
committee to add text on a matter not included in either the house |
|
|
or senate version of the bill by adding the following new |
|
|
SECTIONS to the bill: |
|
|
SECTION 3. 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 4. Section 161.089, Human Resources Code, is |
|
|
amended by amending Subsection (c) and adding Subsection (c-1) 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; and |
|
|
(8) ensure standard and consistent interpretation |
|
|
of service delivery rules and consistent application of |
|
|
administrative penalties throughout this state. |
|
|
(c-1) On adoption of the rules under Subsection (c), the |
|
|
executive commissioner shall develop interpretative guidelines |
|
|
for regulatory staff and providers regarding the imposition of |
|
|
administrative penalties under this section. |
|
|
SECTION 6. Not later than December 1, 2021, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt the rules necessary to implement Section 252.065(b), |
|
|
Health and Safety Code, as amended by this Act, and Section |
|
|
161.089, Human Resources Code, as amended by this Act. |
|
|
SECTION 7. 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: |
|
|
(1) adopts the rules necessary to implement Section |
|
|
161.089(c)(8), Human Resources Code, as added by this Act; and |
|
|
(2) develops the interpretive guidelines required |
|
|
by Section 161.089(c-1), Human Resources Code, as added by this |
|
|
Act. |
|
|
Explanation: The changes are necessary to implement |
|
|
certain changes to law relating to the imposition of |
|
|
administrative penalties against certain long-term care |
|
|
facilities, including a change to the amount of an administrative |
|
|
penalty for certain violations committed by intermediate care |
|
|
facilities for individuals with an intellectual disability and a |
|
|
change to ensure the executive commissioner of the Health and |
|
|
Human Services Commission adopts standard and consistent rules |
|
|
relating to the interpretation and consistent application of |
|
|
administrative penalties against certain long-term care |
|
|
facilities. |
|
|
|
|
|
|
|
|
|
| |
|
|
|
_______________________________ |
|
|
|
President of the Senate |
|
|
|
|
|
|
|
I hereby certify that the |
|
|
|
above Resolution was adopted by |
|
|
|
the Senate on May 30, 2021, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
_______________________________ |
|
|
|
Secretary of the Senate |