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A BILL TO BE ENTITLED
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AN ACT
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relating to dispute resolution for and enforcement actions against |
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certain long-term care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 526.0202, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A decision under the informal dispute resolution |
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process by the contracting person adjudicating a dispute between |
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the commission and a facility described by Subsection (b) is |
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binding on the commission and cannot be overturned by the |
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commission. |
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SECTION 2. Section 242.002, Health and Safety Code, is |
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amended by adding Subdivision (13) to read as follows: |
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(13) "Retaliate" means an adverse action by the |
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commission in response to a good faith action by a nursing facility |
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responding to a commission decision negatively affecting the |
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nursing facility. |
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SECTION 3. Section 242.070, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission |
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[department] may not assess more than one monetary penalty under |
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this chapter and Chapter 32, Human Resources Code, for a violation |
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arising out of the same act or failure to act, except as provided by |
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Section 242.0665(c). The commission [department] may assess the |
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greater of a monetary penalty under this chapter or a monetary |
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penalty under Chapter 32, Human Resources Code, for the same act or |
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failure to act. |
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(b) The commission may not impose an administrative penalty |
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under this chapter and Chapter 32, Human Resources Code, against a |
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nursing facility for a violation arising out of the same act or |
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failure to act that is the subject of: |
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(1) a penalty imposed by the Centers for Medicare and |
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Medicaid Services under 42 C.F.R. Section 488.408 against the |
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facility; or |
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(2) a penalty the facility appeals under 42 C.F.R. |
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Part 498 before the facility exhausts all rights of appeal if: |
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(A) the federal requirement is the same or |
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substantially similar to a requirement in this chapter or Chapter |
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32, Human Resources Code; and |
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(B) Subdivision (1) does not apply. |
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SECTION 4. Subchapter C, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.075 to read as follows: |
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Sec. 242.075. PROHIBITED RETALIATION. The commission may |
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not retaliate against a nursing facility in response to the |
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facility in good faith appealing a commission decision or filing |
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another action to counter a commission action against the facility. |
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SECTION 5. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |