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AN ACT
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relating to licensing of certain health facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.0021, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding any other provision of this section, |
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for purposes of this chapter, a controlling person of an |
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institution or of a management company or other business entity |
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described by Subsection (b)(1) that is a publicly traded |
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corporation or is controlled by a publicly traded corporation means |
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an officer or director of the corporation. The term does not |
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include a shareholder or lender of the publicly traded corporation. |
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SECTION 2. Section 242.039, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement an expedited |
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inspection process that allows an applicant for a license or for a |
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renewal of a license to obtain a life safety code and physical plant |
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inspection not later than the 15th day after the date the request is |
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made. The department may charge a fee to recover the cost of the |
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expedited inspection. The rules must permit the department to set |
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different fee amounts based on the size and type of institution. |
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SECTION 3. Section 247.005, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding any other provision of this section, |
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for purposes of this chapter, a controlling person of an assisted |
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living facility or of a management company or other business entity |
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described by Subsection (b)(1) that is a publicly traded |
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corporation or is controlled by a publicly traded corporation means |
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an officer or director of the corporation. The term does not |
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include a shareholder or lender of the publicly traded corporation. |
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SECTION 4. Section 247.021, Health and Safety Code, is |
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amended by amending Subsections (d), (g), and (h) and adding |
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Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d) The department by rule shall establish procedures to |
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issue a six-month provisional license to existing facilities with |
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residents. The department may issue a provisional license [only] |
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if: |
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(1) the facility is in compliance with resident care |
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standards; |
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(2) the facility voluntarily discloses that the |
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facility needs additional time to comply with life safety code and |
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physical plant standards; |
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(3) the disclosure is made in writing by certified |
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mail to the department; |
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(4) an investigation of the violation was not |
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initiated and the violation was not independently detected by the |
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department; and |
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(5) the disclosure is made promptly after knowledge of |
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the information disclosed is obtained by the facility. |
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(d-1) A provisional license expires the earlier of: |
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(1) the 180th day after the effective date of the |
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provisional license or the end of any extension period granted by |
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the department, in the department's sole discretion; or |
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(2) the date a license is issued to the provisional |
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license holder under Subsection (d-3). |
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(d-2) The department shall conduct a life safety code |
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inspection of the facility as soon as reasonably possible after the |
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department issues a provisional license. |
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(d-3) After conducting a life safety code inspection, the |
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department shall issue a license under Section 247.023 to the |
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provisional license holder if the facility passes the inspection |
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and the applicant meets all requirements for a license. A license |
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issued under this subsection has the same effective date as the |
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provisional license. |
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(g) The [Notwithstanding Subsection (f), the] department |
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shall, upon submission of a written request by the applicant, [may] |
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automatically issue a provisional license to a newly constructed |
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facility if: |
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(1) the facility is in compliance with resident care |
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standards; |
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(2) all local approvals have been obtained; |
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(3) a complete license application is submitted within |
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30 days of receipt of all local approvals; [and] |
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(4) the license fee has been paid; |
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(5) before beginning construction, the license |
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applicant submits working drawings and specifications to the |
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department for review; and |
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(6) the department determines that the license |
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applicant constructed another facility in this state that complies |
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with the department's life safety code standards. |
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(h) The [Notwithstanding Subsection (f), the] department |
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may automatically issue a provisional license in the case of a |
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corporate change of ownership of a facility. |
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SECTION 5. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0211 to read as follows: |
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Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTION. (a) |
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The executive commissioner of the Health and Human Services |
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Commission shall adopt rules to implement an expedited inspection |
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process that allows an applicant for an assisted living facility |
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license or for a renewal of a license to obtain a life safety code |
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and physical plant inspection not later than the 15th day after the |
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date the request is made. |
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(b) The department may charge a fee to recover the cost of |
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the expedited inspection. |
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SECTION 6. Section 247.022, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) If the department conducts more than two life safety |
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code inspections at the applicant's facility, the department may |
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collect a fee in addition to the fee under Subsection (b) for the |
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application for the license. |
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SECTION 7. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0262 to read as follows: |
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Sec. 247.0262. REPORT ON LIFE SAFETY CODE SURVEYS. (a) The |
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department shall annually report the number of life safety code |
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surveys for an initial assisted living facility license with |
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respect to which the department first visits the facility to |
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conduct the survey more than 60 days after the date the applicant |
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notifies the department that the applicant is ready for the initial |
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survey. |
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(b) The department may report other data related to the |
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timeliness of life safety code surveys or the processing time of |
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license applications. |
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(c) The department may include the information described by |
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Subsections (a) and (b) in any required annual regulatory report. |
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SECTION 8. Section 247.032(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) In this section, "accreditation commission" means the |
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Commission on Accreditation of Rehabilitation Facilities, [or] the |
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Joint Commission on Accreditation of Healthcare Organizations, or |
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another organization approved by the executive commissioner of the |
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Health and Human Services Commission. |
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SECTION 9. Sections 247.021(e) and (f), Health and Safety |
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Code, are repealed. |
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SECTION 10. Not later than June 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to implement the expedited inspection processes as |
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required by Sections 242.039(g) and 247.0211, Health and Safety |
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Code, as added by this Act. |
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SECTION 11. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2972 was passed by the House on May 4, |
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2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2972 on May 23, 2009, by the following vote: Yeas 144, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2972 was passed by the Senate, with |
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amendments, on May 19, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |