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AN ACT
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relating to regulation of prescribed pediatric extended care |
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centers; amending a provision subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 248A.051(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) A person may not own or operate a prescribed pediatric |
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extended care center in this state unless the person holds an |
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initial, renewal, or temporary [a] license issued under this |
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chapter. An applicant for a prescribed pediatric extended care |
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center license may not provide services under that license until |
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the department issues the license. |
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(b) A separate initial, renewal, or temporary license is |
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required for each center located on separate premises, regardless |
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of whether the centers are under the ownership or operation of the |
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same person. |
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SECTION 2. The heading to Section 248A.052, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 248A.052. INITIAL LICENSE APPLICATION; ISSUANCE. |
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SECTION 3. Section 248A.052(a), Health and Safety Code, as |
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amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
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2015, and Section 248A.052(c), Health and Safety Code, are amended |
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to read as follows: |
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(a) An applicant for an initial [a] prescribed pediatric |
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extended care center license shall submit to the department in |
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accordance with department rules: |
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(1) a sworn application on the form prescribed by the |
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department; |
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(2) a letter of credit as prescribed by the department |
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to demonstrate the applicant's financial viability; and |
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(3) the required fees. |
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(c) The department shall issue an initial [a] license to a |
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center under this chapter if the department determines that the |
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applicant and the center meet the requirements of this chapter and |
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the rules and standards adopted under this chapter. The license |
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must include: |
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(1) the license holder's name; |
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(2) the location of the premises of the center; and |
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(3) a statement indicating the center provides |
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services to minors for 12 hours or less in a 24-hour period and does |
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not provide 24-hour care. |
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SECTION 4. Subchapter B, Chapter 248A, Health and Safety |
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Code, is amended by adding Section 248A.0525 to read as follows: |
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Sec. 248A.0525. TEMPORARY LICENSE PROCEDURES. (a) An |
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applicant for an initial license under Section 248A.052 may |
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request, in the manner prescribed by the department and in |
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accordance with this section, that the department issue a temporary |
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license pending the department's review of the applicant's |
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application for an initial license. An applicant is not required to |
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request a temporary license to receive an initial or renewal |
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license. |
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(b) A temporary license issued under this section |
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authorizes an applicant to provide nonresidential basic services to |
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not more than six minors until the temporary license expires or |
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terminates in accordance with this section. |
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(c) On receipt of a temporary license request, the |
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department shall conduct a review of the applicant's policies, |
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procedures, and staffing plans to serve minors in the center. |
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(d) The department shall grant an applicant's request for a |
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temporary license if the department determines the applicant is |
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eligible for the license as provided by this subsection. The |
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department may not grant a request for a temporary license if the |
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department determines the applicant is ineligible for the license |
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under this subsection. An applicant is eligible for a temporary |
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license only if the applicant meets: |
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(1) the license application requirements of Sections |
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248A.052(a) and (b) and the license application rules adopted under |
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this chapter; |
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(2) the building requirements and standards for a |
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center provided in department rules adopted under this chapter; and |
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(3) the requirements of the department's review |
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conducted under Subsection (c). |
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(e) A temporary license issued under this section expires on |
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the earlier of: |
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(1) the 90th day after the date the temporary license |
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is issued or the last day of any extension period granted by the |
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department; or |
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(2) the date an initial license is issued under |
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Section 248A.052. |
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(f) The department may not grant more than one extension of |
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a temporary license issued under this section and may not grant an |
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extension for a period that exceeds 90 days. The department shall |
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grant an extension if a temporary license holder submits to the |
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department an extension request in the manner prescribed by the |
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department not later than the 30th day before the date the temporary |
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license expires. |
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(g) A temporary license holder must comply with this chapter |
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and the rules adopted under this chapter for the period for which |
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the temporary license is issued, including an extension, if |
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applicable. The department may take an enforcement action against |
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a temporary license holder for failure to comply with this chapter |
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and the rules adopted under this chapter. |
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(h) The department may conduct a complaint investigation |
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and inspection of a temporary license holder. |
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SECTION 5. The heading to Section 248A.053, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 248A.053. INITIAL OR RENEWAL LICENSE TERM; RENEWAL; |
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NOTIFICATION. |
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SECTION 6. Section 248A.053(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An initial or renewal [A] license issued under this |
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chapter expires on the second anniversary of the date of issuance. |
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SECTION 7. The heading to Section 248A.151, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 248A.151. ADMISSION CRITERIA FOR MINOR CLIENT; ADULT |
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ACCOMPANIMENT. |
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SECTION 8. Section 248A.151, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A minor client's parent, legal guardian, or managing |
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conservator is not required to accompany the client when: |
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(1) the client receives services in the center, |
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including therapy services delivered in the center but billed |
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separately; or |
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(2) the center transports or provides for the |
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transport of the client to and from the center. |
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SECTION 9. Subchapter D, Chapter 248A, Health and Safety |
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Code, is amended by adding Section 248A.158 to read as follows: |
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Sec. 248A.158. RELATION TO NURSING SERVICES. Nursing |
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services provided by a center must be a one-to-one replacement of |
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private duty nursing or other skilled nursing services unless |
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additional nursing services are medically necessary. |
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SECTION 10. Not later than September 1, 2016, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement Chapter 248A, Health and |
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Safety Code, as amended by this Act. |
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SECTION 11. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall establish a reimbursement rate for |
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licensed pediatric extended care centers that are enrolled in the |
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medical assistance program that, when converted to an hourly rate, |
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is not more than 70 percent of the average hourly unit rate for |
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private duty nursing provided under the Texas Health Steps |
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Comprehensive Care Program. |
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SECTION 12. If before implementing any provision of this |
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Act a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 13. The changes in law made by this Act related to |
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temporary licenses apply only to a temporary license application |
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submitted to or an inspection conducted by the Department of Aging |
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and Disability Services on or after September 1, 2016. |
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SECTION 14. This Act takes effect September 1, 2015. |
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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. 2340 was passed by the House on May 6, |
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2015, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2340 was passed by the Senate on May |
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23, 2015, by the following vote: Yeas 31, Nays 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 |