Bill Text: TX HB933 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to inspection procedures in and a legislative oversight committee for certain long-term care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Human Services [HB933 Detail]
Download: Texas-2021-HB933-Introduced.html
87R569 EAS-F | ||
By: Raymond | H.B. No. 933 |
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relating to inspection procedures in and a legislative oversight | ||
committee for certain long-term care facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 247.027, Health and Safety Code, is | ||
amended by adding Subsections (c), (d), and (e) to read as follows: | ||
(c) An officer or employee of an assisted living facility | ||
may require a commission inspector who is a licensed health care | ||
professional to provide proof of licensure before the inspector | ||
conducts an inspection of the facility. | ||
(d) A commission inspector shall include on the | ||
commission's inspection checklist: | ||
(1) a brief description of the evidence supporting | ||
each cited violation; and | ||
(2) the name and title of the person who discovered | ||
each cited violation. | ||
(e) The executive commissioner shall: | ||
(1) adopt rules to ensure that among the commission's | ||
community services regions the commission uniformly administers | ||
inspections and consistently interprets and enforces the laws and | ||
rules regulating assisted living facilities; and | ||
(2) prepare and deliver a semiannual progress report | ||
on uniform administration, interpretation, and enforcement to | ||
appropriate health and human services legislative standing | ||
committees. | ||
SECTION 2. Section 247.0271, Health and Safety Code, is | ||
amended by adding Subsections (c-1) and (e) to read as follows: | ||
(c-1) The inspector may not: | ||
(1) conduct an additional inspection during an | ||
additional exit conference; or | ||
(2) use an additional exit conference to retaliate | ||
against an assisted living facility for: | ||
(A) filing a complaint against the commission or | ||
the inspector regarding an inspection; or | ||
(B) requesting an administrative hearing to | ||
contest a cited violation. | ||
(e) The inspector may not require an assisted living | ||
facility, through an inspection or the final official statement of | ||
violations, to take any action that conflicts with a written order | ||
of a physician. A facility in the facility's plan of correction | ||
shall provide evidence that the statement of violations conflicts | ||
with the physician's written order. A facility is not required to | ||
correct a violation that conflicts with the physician's written | ||
order. | ||
SECTION 3. Section 252.040, Health and Safety Code, is | ||
amended by amending Subsection (i) and adding Subsections (j) and | ||
(k) to read as follows: | ||
(i) The commission [ |
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staff conduct inspections, surveys, or investigations of | ||
facilities under this section. An officer or employee of a facility | ||
may require a commission representative who is a licensed health | ||
care professional to provide proof of licensure before the | ||
representative conducts an inspection, survey, or investigation of | ||
the facility. | ||
(j) The commission or the commission's representative shall | ||
include on the commission's inspection form: | ||
(1) a brief description of the evidence supporting | ||
each cited violation; and | ||
(2) the name and title of the person who discovered | ||
each cited violation. | ||
(k) The executive commissioner shall: | ||
(1) adopt rules to ensure that among the commission's | ||
community services regions the commission uniformly administers | ||
inspections, surveys, and investigations and consistently | ||
interprets and enforces the laws and rules regulating facilities | ||
licensed under this chapter; and | ||
(2) prepare and deliver a semiannual progress report | ||
on uniform administration, interpretation, and enforcement to the | ||
appropriate health and human services legislative standing | ||
committees. | ||
SECTION 4. Section 252.044, Health and Safety Code, is | ||
amended by adding Subsections (b-1) and (d) to read as follows: | ||
(b-1) The commission or the commission's representative may | ||
not: | ||
(1) conduct an additional inspection, survey, or | ||
investigation during an additional exit conference; or | ||
(2) use an additional exit conference to retaliate | ||
against a facility for: | ||
(A) filing a complaint against the commission or | ||
the commission's representative regarding an inspection, survey, | ||
or investigation; or | ||
(B) requesting an administrative hearing to | ||
contest a cited violation. | ||
(d) The commission or the commission's representative may | ||
not require a facility, through an inspection, survey, or | ||
investigation or the final official statement of violations, to | ||
take any action that conflicts with a written order of a physician. | ||
A facility in the facility's plan to correct violations shall | ||
provide evidence that the statement of violations conflicts with | ||
the physician's written order. A facility is not required to | ||
correct a violation that conflicts with the physician's written | ||
order. | ||
SECTION 5. Chapter 531, Government Code, is amended by | ||
adding Subchapter E-1 to read as follows: | ||
SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE | ||
Sec. 531.181. DEFINITIONS. In this subchapter: | ||
(1) "Committee" means the long-term care legislative | ||
oversight committee. | ||
(2) "Facility" means: | ||
(A) a nursing facility licensed under Chapter | ||
242, Health and Safety Code; | ||
(B) an assisted living facility licensed under | ||
Chapter 247, Health and Safety Code; and | ||
(C) an intermediate care facility licensed under | ||
Chapter 252, Health and Safety Code. | ||
Sec. 531.182. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. | ||
(a) The committee is composed of: | ||
(1) two members of the senate and one public member | ||
appointed by the lieutenant governor; and | ||
(2) two members of the house of representatives and | ||
one public member appointed by the speaker of the house of | ||
representatives. | ||
(b) A member of the committee serves at the pleasure of the | ||
appointing official. | ||
(c) The lieutenant governor and the speaker of the house of | ||
representatives shall alternate appointing the presiding officer | ||
of the committee. The presiding officer shall serve a two-year term | ||
expiring February 1 of each odd-numbered year. | ||
Sec. 531.183. COMMITTEE POWERS AND DUTIES. (a) The | ||
committee shall: | ||
(1) meet at the call of the presiding officer; | ||
(2) receive, review, and comment on rules proposed by | ||
the executive commissioner; and | ||
(3) review recommendations for legislation proposed | ||
by the commission or the attorney general relating to facilities. | ||
(b) Notwithstanding Chapter 551 or any other law, the | ||
committee may meet by telephone conference call, videoconference, | ||
or other similar telecommunication method. A meeting held by | ||
telephone conference call, videoconference, or other similar | ||
telecommunication method is subject to the requirements of Sections | ||
551.125(c), (d), (e), and (f). | ||
(c) The committee may hear a facility's complaint regarding | ||
an operational dispute and make a recommendation to the commission. | ||
(d) The committee may issue process, in accordance with | ||
Section 301.024, to compel the attendance of witnesses and the | ||
production of books, records, documents, and instruments required | ||
by the committee. | ||
(e) The committee may monitor the effectiveness and | ||
efficiency of the facility regulatory system of this state. | ||
(f) The committee may propose legislation relating to | ||
facilities. | ||
(g) The committee may request reports and other information | ||
from the commission and the attorney general relating to: | ||
(1) the facility regulatory and enforcement system of | ||
this state; | ||
(2) the standards for including a facility in the | ||
STAR+PLUS Medicaid managed care program; and | ||
(3) the effectiveness of the STAR+PLUS Medicaid | ||
managed care program in reducing preventable acute care costs. | ||
(h) The committee shall use the existing staff resources of | ||
the senate and the house of representatives to assist the committee | ||
in performing its duties under this section. | ||
Sec. 531.184. REPORT. (a) The committee shall submit a | ||
report to the governor, lieutenant governor, and speaker of the | ||
house of representatives not later than November 15 of each | ||
even-numbered year. | ||
(b) The report must: | ||
(1) identify any significant problems in the facility | ||
regulatory and enforcement system, with recommendations for | ||
action; | ||
(2) examine the effectiveness and efficiency of the | ||
facility regulatory system of this state, with recommendations for | ||
action; and | ||
(3) include recommendations for any necessary or | ||
appropriate legislative action. | ||
Sec. 531.185. EXPIRATION. This subchapter expires | ||
September 1, 2025. | ||
SECTION 6. (a) As soon as practicable after the effective | ||
date of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules necessary to implement | ||
the changes in law made by this Act. | ||
(b) Not later than December 1, 2021, the Health and Human | ||
Services Commission shall modify inspection forms to conform to the | ||
requirements of this Act. | ||
(c) The changes in law made by this Act apply only to an | ||
inspection, survey, or investigation conducted on or after January | ||
1, 2022. | ||
(d) As soon as practicable after the effective date of this | ||
Act, the lieutenant governor and the speaker of the house of | ||
representatives shall appoint members to the long-term care | ||
legislative oversight committee as required by Subchapter E-1, | ||
Chapter 531, Government Code, as added by this Act. The speaker of | ||
the house of representatives shall appoint the first presiding | ||
officer of the committee. | ||
SECTION 7. This Act takes effect September 1, 2021. |