Bill Text: TX HB3193 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the licensing of a home and community support services agency; increasing fees.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3193 Detail]
Download: Texas-2019-HB3193-Comm_Sub.html
Bill Title: Relating to the licensing of a home and community support services agency; increasing fees.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3193 Detail]
Download: Texas-2019-HB3193-Comm_Sub.html
By: Hinojosa, et al. | H.B. No. 3193 | |
(Senate Sponsor - Johnson, Hinojosa, Schwertner) | ||
(In the Senate - Received from the House May 13, 2019; | ||
May 14, 2019, read first time and referred to Committee on Health & | ||
Human Services; May 20, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 20, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3193 | By: Perry |
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relating to the licensing of, the executive commissioner of the | ||
Health and Human Services Commission's duties with respect to, and | ||
the administrative penalties for home and community support | ||
services agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 142.006(a), (b), and (c), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) The commission [ |
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community support services agency license to provide home health, | ||
hospice, habilitation, or personal assistance services for each | ||
place of business to an applicant if: | ||
(1) the applicant: | ||
(A) qualifies for the license to provide the type | ||
of service that is to be offered by the applicant; | ||
(B) submits an application and license fee as | ||
required by this chapter; and | ||
(C) complies with all applicable licensing | ||
standards required or adopted under this chapter; and | ||
(2) any controlling person with respect to the | ||
applicant complies with all applicable licensing standards | ||
required or adopted under this chapter. | ||
(b) A license issued under this chapter expires three [ |
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years after the date of issuance. The executive commissioner by | ||
rule shall [ |
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staggered [ |
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period. The commission shall prorate the license fee as | ||
appropriate if the expiration date of a license changes as a result | ||
of this subsection [ |
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(c) The commission [ |
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community support services agency has satisfied the requirements | ||
for licensing if the agency is accredited by an accreditation | ||
organization, such as The Joint Commission or the Community Health | ||
Accreditation Program, and the commission [ |
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the accreditation organization has standards that meet or exceed | ||
the requirements for licensing under this chapter. A license fee is | ||
required of the home and community support services agency at the | ||
time of a license application. | ||
SECTION 2. Sections 142.010(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The executive commissioner by rule shall set license | ||
fees for home and community support services agencies in amounts | ||
that are reasonable to meet the costs of administering this | ||
chapter, except that the fees may not be less than $600 or more than | ||
$2,625 [ |
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habilitation, or personal assistance services. | ||
(b) The executive commissioner shall consider the size of | ||
the home and community support services agency, the number of | ||
clients served, the number of services provided, and the necessity | ||
for review of other accreditation documentation in determining the | ||
amount collected by the commission [ |
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renewal license fees. | ||
SECTION 3. Section 142.017, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), (c), (e), (i), and (j) and | ||
adding Subsections (k) and (l) to read as follows: | ||
(a) The commission [ |
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administrative penalty against a person who violates: | ||
(1) this chapter or a rule adopted under this chapter; | ||
or | ||
(2) Section 102.001, Occupations Code, if the | ||
violation relates to the provision of home health, hospice, | ||
habilitation, or personal assistance services. | ||
(b) The penalty shall be not less than $100 or more than | ||
$1,000 for each violation, except that the penalty shall be not less | ||
than $100 or more than $5,000 for each violation that results in | ||
actual harm or that constitutes an immediate threat to the health or | ||
safety of a client. Each day of a violation that occurs before the | ||
day on which the person receives written notice of the violation | ||
from the commission [ |
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violation and shall be considered to be one violation. Each day of | ||
a continuing violation that occurs after the day on which the person | ||
receives written notice of the violation from the commission | ||
[ |
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(c) The executive commissioner by rule shall specify each | ||
violation for which the commission [ |
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administrative penalty. In determining which violations warrant | ||
penalties, the commission [ |
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(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the violation and the | ||
hazard of the violation to the health or safety of clients; and | ||
(2) whether the affected home and community support | ||
services agency had identified the violation as a part of its | ||
internal quality assurance process and had made appropriate | ||
progress on correction. | ||
(e) Except as provided by Subsection (j), the executive | ||
commissioner by rule shall provide the home and community support | ||
services agency with a reasonable period of time following the | ||
first day of a violation to correct the violation before the | ||
commission [ |
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plan of correction has been implemented. | ||
(i) The commission [ |
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administrative penalty against a state agency. | ||
(j) The commission [ |
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administrative penalty without providing a reasonable period of | ||
time to a home and community support services [ |
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correct the violation if the violation: | ||
(1) represents a pattern of violation that results in | ||
actual [ |
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(2) is widespread in scope and results in actual harm; | ||
(3) is widespread in scope and constitutes a potential | ||
for actual harm; | ||
(4) [ |
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to the health or safety of a client; | ||
(5) [ |
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to provide care; | ||
(6) [ |
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(A) makes a false statement, that the person | ||
knows or should know is false, of a material fact: | ||
(i) on an application for issuance or | ||
renewal of a license or in an attachment to the application; or | ||
(ii) with respect to a matter under | ||
investigation by the commission [ |
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(B) refuses to allow a representative of the | ||
commission [ |
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to be maintained by an agency; | ||
(C) wilfully interferes with the work of a | ||
representative of the commission [ |
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this chapter; | ||
(D) wilfully interferes with a representative of | ||
the commission [ |
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this chapter or a rule, standard, or order adopted or license issued | ||
under this chapter; | ||
(E) fails to pay a penalty assessed by the | ||
commission [ |
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day after the date the assessment of the penalty becomes final; or | ||
(F) fails to submit: | ||
(i) a plan of correction not later than the | ||
10th day after the date the person receives a statement of licensing | ||
violations; or | ||
(ii) an acceptable plan of correction not | ||
later than the 30th day after the date the person receives | ||
notification from the commission [ |
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submitted plan of correction is not acceptable; | ||
(7) [ |
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(8) [ |
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Chapter 102, Human Resources Code. | ||
(k) The commission shall develop and use a system to record | ||
and track the scope and severity of each violation of this chapter | ||
or a rule adopted under this chapter for the purpose of assessing an | ||
administrative penalty for the violation or taking some other | ||
enforcement action against the appropriate home and community | ||
support services agency to deter future violations. The system: | ||
(1) must be comparable to the system used by the | ||
Centers for Medicare and Medicaid Services to categorize the scope | ||
and severity of violations for nursing homes; and | ||
(2) may be modified, as appropriate, to reflect | ||
changes in industry practice or changes made to the system used by | ||
the Centers for Medicare and Medicaid Services. | ||
(l) In this section: | ||
(1) "Actual harm" means a negative outcome that | ||
compromises a client's physical, mental, or emotional well-being. | ||
(2) "Immediate threat to the health or safety of a | ||
client" means a situation that causes, or is likely to cause, | ||
serious injury, harm, or impairment to or the death of a client. | ||
(3) "Pattern of violation" means repeated, but not | ||
pervasive, failures of a home and community support services agency | ||
to comply with this chapter or a rule adopted under this chapter | ||
that: | ||
(A) result in a violation; and | ||
(B) are found throughout the services provided by | ||
the agency or that affect or involve the same clients or agency | ||
employees or volunteers. | ||
(4) "Widespread in scope" means a violation of this | ||
chapter or a rule adopted under this chapter that: | ||
(A) is pervasive throughout the services | ||
provided by the home and community support services agency; or | ||
(B) represents a systemic failure by the home and | ||
community support services agency that affects or has the potential | ||
to affect a large portion of or all of the clients of the agency. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act and after consulting with appropriate interested | ||
persons, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement the | ||
changes in law made by this Act. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
actions taken by the Health and Human Services Commission and | ||
license holders under Chapter 142, Health and Safety Code, on or | ||
after the effective date of this Act. An action taken before the | ||
effective date of this Act is governed by the law in effect at that | ||
time, and the former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. | ||
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