Bill Text: TX SB78 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to adverse licensing, listing, or registration decisions by certain health and human services agencies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB78 Detail]
Download: Texas-2011-SB78-Introduced.html
Bill Title: Relating to adverse licensing, listing, or registration decisions by certain health and human services agencies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB78 Detail]
Download: Texas-2011-SB78-Introduced.html
82R161 JSC-D | ||
By: Nelson | S.B. No. 78 |
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relating to adverse licensing, listing, or registration decisions | ||
by certain health and human services agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 531, Government Code, is amended by | ||
adding Subchapter W to read as follows: | ||
SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR REGISTRATION | ||
DECISIONS | ||
Sec. 531.951. APPLICABILITY. This subchapter applies only | ||
to the licensing, listing, or registration decisions of a health | ||
and human services agency under the law authorizing the agency to | ||
regulate the following: | ||
(1) a youth camp licensed under Chapter 141, Health | ||
and Safety Code; | ||
(2) a home and community support services agency | ||
licensed under Chapter 142, Health and Safety Code; | ||
(3) a hospital licensed under Chapter 241, Health and | ||
Safety Code; | ||
(4) an institution licensed under Chapter 242, Health | ||
and Safety Code; | ||
(5) an assisted living facility licensed under Chapter | ||
247, Health and Safety Code; | ||
(6) a special care facility licensed under Chapter | ||
248, Health and Safety Code; | ||
(7) an intermediate care facility licensed under | ||
Chapter 252, Health and Safety Code; | ||
(8) a chemical dependency treatment facility licensed | ||
under Chapter 464, Health and Safety Code; | ||
(9) a mental hospital or mental health facility | ||
licensed under Chapter 577, Health and Safety Code; | ||
(10) a child-care facility or child-placing agency | ||
licensed under or a family home listed or registered under Chapter | ||
42, Human Resources Code; or | ||
(11) an adult day-care facility licensed under Chapter | ||
103, Human Resources Code. | ||
Sec. 531.952. RECORD OF DECISION. (a) Each health and | ||
human services agency that regulates a person described by Section | ||
531.951 shall in accordance with this section and executive | ||
commissioner rule maintain a record of: | ||
(1) each application for an initial or renewal | ||
license, listing, or registration that is denied by the agency | ||
under the law authorizing the agency to regulate the person; and | ||
(2) each license, listing, or registration that is | ||
revoked, suspended, or terminated by the agency under the | ||
applicable law. | ||
(b) The record of an application required by Subsection | ||
(a)(1) must be maintained until the 10th anniversary of the date the | ||
application is denied. The record of the license, listing, or | ||
registration required by Subsection (a)(2) must be maintained until | ||
the 10th anniversary of the date of the revocation, suspension, or | ||
termination. | ||
(c) The record required under Subsection (a) must include: | ||
(1) the name and address of the applicant applying for | ||
an initial or renewal license, listing, or registration under the | ||
applicable law; | ||
(2) the name and address of each person listed in the | ||
application; | ||
(3) the name of each person against whom the denial, | ||
revocation, suspension, or termination is effective and of each | ||
person responsible for compliance with the agency's rules and | ||
policies for the applicant, which may include: | ||
(A) members of the board and management personnel | ||
of the applicant; | ||
(B) the owner, operator, and officers of the | ||
applicant; | ||
(C) the individuals supervising employees who | ||
have direct care or contact with individuals in the care of the | ||
applicant; and | ||
(D) any health and human services facility owned | ||
or operated by a person described by Paragraphs (A) through (C); | ||
(4) the specific type of license, listing, or | ||
registration that was denied, revoked, suspended, or terminated by | ||
the agency; | ||
(5) a summary of the terms of the denial, revocation, | ||
suspension, or termination; and | ||
(6) the period the denial, revocation, suspension, or | ||
termination was effective. | ||
(d) Each health and human services agency that regulates a | ||
person described by Section 531.951 each month shall provide a copy | ||
of the records maintained under this section to each other health | ||
and human services agency that regulates a person described by | ||
Section 531.951. | ||
Sec. 531.953. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY | ||
DECISION. A health and human services agency that regulates a | ||
person described by Section 531.951 may deny an applicant's initial | ||
or renewal application for a license, listing, or registration | ||
included in that section if: | ||
(1) another health and human services agency | ||
previously: | ||
(A) revoked, suspended, or terminated the | ||
license, listing, or registration of a person who: | ||
(i) is listed on the application or is or | ||
will be serving in a position described by Section 531.952(c)(3) | ||
for the applicant; and | ||
(ii) is included in a record maintained | ||
under Section 531.952; or | ||
(B) denied an initial or renewal application for | ||
a person who: | ||
(i) is listed on the application or is or | ||
will be serving in a position described by Section 531.952(c)(3) | ||
for the applicant; and | ||
(ii) is included in a record maintained | ||
under Section 531.952; and | ||
(2) the agency's action under Subdivision (1) was | ||
based on: | ||
(A) an act or omission that resulted in physical | ||
or mental harm to an individual in the care of the applicant or | ||
person; | ||
(B) a threat to the health, safety, or well-being | ||
of an individual in the care of the applicant or person; | ||
(C) the physical, mental, or financial | ||
exploitation of an individual in the care of the applicant or | ||
person; or | ||
(D) a determination by the agency that the | ||
applicant or person has committed an act or omission that renders | ||
the applicant unqualified or unfit to fulfill the obligations of | ||
the license, listing, or registration. | ||
Sec. 531.954. REQUIRED APPLICATION INFORMATION. An | ||
applicant submitting an initial or renewal application for a | ||
license, listing, or registration described under Section 531.951 | ||
must include with the application a written statement of: | ||
(1) the name of any person who is or will be serving in | ||
a position described by Section 531.952(c)(3) for the applicant and | ||
who is included in a record maintained by a health and human | ||
services agency under Section 531.952; and | ||
(2) any other relevant information required by | ||
executive commissioner rule. | ||
SECTION 2. (a) Not later than December 1, 2011, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall adopt the rules necessary to implement Subchapter W, Chapter | ||
531, Government Code, as added by this Act. | ||
(b) Notwithstanding Section 531.952, Government Code, as | ||
added by this Act, a health and human services agency is not | ||
required to maintain the records as required under that section | ||
until January 1, 2012. | ||
SECTION 3. This Act takes effect September 1, 2011. |