Bill Text: TX HB2205 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the informal dispute resolution process for certain disputes between the Health and Human Services Commission and long-term care facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [HB2205 Detail]
Download: Texas-2019-HB2205-Enrolled.html
H.B. No. 2205 |
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relating to the informal dispute resolution process for certain | ||
disputes between the Health and Human Services Commission and | ||
long-term care facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 531.058(a-1), Government Code, as added | ||
by Chapter 590 (S.B. 924), Acts of the 85th Legislature, Regular | ||
Session, 2017, is amended to read as follows: | ||
(a-1) As part of the informal dispute resolution process | ||
established under this section, the commission shall contract with | ||
an appropriate disinterested person to adjudicate disputes between | ||
an institution or facility licensed under Chapter 242, Health and | ||
Safety Code, or a facility licensed under Chapter 247, Health and | ||
Safety Code, and the commission concerning a statement of | ||
violations prepared by the commission in connection with a survey | ||
conducted by the commission of the institution or facility. | ||
Section 2009.053 does not apply to the selection of an appropriate | ||
disinterested person under this subsection. The person with whom | ||
the commission contracts shall adjudicate all disputes described by | ||
this subsection. The informal dispute resolution process for the | ||
statement of violations must require: | ||
(1) the surveyor who conducted the survey for which | ||
the statement was prepared to be available to clarify or answer | ||
questions related to the facility or the statement that are asked by | ||
the person reviewing the dispute or by the facility; and | ||
(2) the commission's review of the institution's or | ||
facility's informal dispute resolution request to be conducted by a | ||
registered nurse with long-term care experience for a standard of | ||
care violation. | ||
SECTION 2. Section 242.0445, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) If the commission or the commission's representative | ||
conducting an inspection, survey, or investigation under Section | ||
242.043 or 242.044 identifies a violation that constitutes | ||
immediate jeopardy to the health or safety of a resident: | ||
(1) the commission shall immediately notify the | ||
facility's management of the violation; and | ||
(2) a commission representative shall remain in or be | ||
accessible to the facility until the commission has received the | ||
facility's plan of removal related to the violation. | ||
SECTION 3. Section 531.058(a-1), Government Code, as added | ||
by Chapter 836 (H.B. 2025), Acts of the 85th Legislature, Regular | ||
Session, 2017, is repealed. | ||
SECTION 4. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 5. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2205 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 140, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2205 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |