Bill Text: TX SB1519 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to establishing a council on long-term care facilities and to a dispute resolution process regarding those facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB1519 Detail]
Download: Texas-2019-SB1519-Enrolled.html
S.B. No. 1519 |
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relating to establishing a council on long-term care facilities and | ||
to a dispute resolution process regarding those facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 531.058(a-1), Government Code, as | ||
amended by Chapters 590 (S.B. 924) and 836 (H.B. 2025), Acts of the | ||
85th Legislature, Regular Session, 2017, is reenacted and 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. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.0581 to read as follows: | ||
Sec. 531.0581. LONG-TERM CARE FACILITIES COUNCIL. (a) In | ||
this section: | ||
(1) "Council" means the Long-Term Care Facilities | ||
Council. | ||
(2) "Long-term care facility" means a facility subject | ||
to regulation under Section 32.021(d), Human Resources Code, or | ||
Chapter 242, 247, or 252, Health and Safety Code. | ||
(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. | ||
(c) The executive commissioner shall designate a member of | ||
the council to serve as presiding officer. The members of the | ||
council shall elect any other necessary officers. | ||
(d) A member of the council serves at the will of the | ||
executive commissioner. | ||
(e) The council shall meet at the call of the executive | ||
commissioner. | ||
(f) A member of the council is not entitled to reimbursement | ||
of expenses or to compensation for service on the council. | ||
(g) The council shall study and make recommendations | ||
regarding a consistent survey and informal dispute resolution | ||
process for long-term care facilities, Medicaid quality-based | ||
payment systems for those facilities, and the allocation of | ||
Medicaid beds in those facilities. The council shall: | ||
(1) study and make recommendations regarding best | ||
practices and protocols to make survey, inspection, and informal | ||
dispute resolution processes more efficient and less burdensome on | ||
long-term care facilities; | ||
(2) recommend uniform standards for those processes; | ||
(3) study and make recommendations regarding Medicaid | ||
quality-based payment systems and a rate-setting methodology for | ||
long-term care facilities; and | ||
(4) study and make recommendations relating to the | ||
allocation of and need for Medicaid beds in long-term care | ||
facilities, including studying and making recommendations relating | ||
to: | ||
(A) the effectiveness of rules adopted by the | ||
executive commissioner relating to the procedures for certifying | ||
and decertifying Medicaid beds in long-term care facilities; and | ||
(B) the need for modifications to those rules to | ||
better control the procedures for certifying and decertifying | ||
Medicaid beds in long-term care facilities. | ||
(h) Not later than January 1 of each odd-numbered year, the | ||
council shall submit a report on the council's findings and | ||
recommendations to the executive commissioner, the governor, the | ||
lieutenant governor, the speaker of the house of representatives, | ||
and the chairs of the appropriate legislative committees. | ||
(i) Chapter 2110 does not apply to the council. | ||
SECTION 3. 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 receives the | ||
facility's plan of removal related to the violation. | ||
SECTION 4. (a) In this section: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Long-Term Care Facilities Council" means the | ||
council established under Section 531.0581, Government Code, as | ||
added by this Act. | ||
(3) "Long-term care facility" has the meaning assigned | ||
by Section 531.0581, Government Code, as added by this Act. | ||
(b) Not later than September 1, 2021, the Long-Term Care | ||
Facilities Council shall assess the impact the implementation of | ||
Section 2, Chapter 1117 (H.B. 3523), Acts of the 84th Legislature, | ||
Regular Session, 2015, which amended Section 533.00251(c), | ||
Government Code, effective September 1, 2021, would have on | ||
long-term care facilities and make a recommendation to the | ||
commission regarding its implementation. Notwithstanding that | ||
section, if the council advises that implementing that section | ||
would have a significant impact on long-term care facilities, the | ||
commission may delay the implementation of that section until | ||
September 1, 2023, provided that the commission publishes notice of | ||
that delay in the Texas Register as soon as practicable. | ||
(c) This section expires September 1, 2023. | ||
SECTION 5. Not later than December 1, 2019, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
establish the Long-Term Care Facilities Council and appoint the | ||
council members as required by Section 531.0581, Government Code, | ||
as added by this Act. | ||
SECTION 6. The Health and Human Services Commission is | ||
required to implement a provision of this Act only if the | ||
legislature appropriates money to the commission specifically for | ||
that purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the commission may, but is not | ||
required to, implement a provision of this Act using other | ||
appropriations that are available for that purpose. | ||
SECTION 7. 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 8. 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 hereby certify that S.B. No. 1519 passed the Senate on | ||
May 3, 2019, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendments on May 25, 2019, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1519 passed the House, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 107, | ||
Nays 36, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |