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  S.B. No. 924
 
 
 
 
AN ACT
  relating to informal dispute resolutions for violations of health
  and safety standards at certain long-term care facilities;
  authorizing the imposition of costs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 247.051, Health and Safety Code, is
  amended by amending Subsections (a), (c), and (d) and adding
  Subsection (e) to read as follows:
         (a)  The executive commissioner by rule shall establish an
  informal dispute resolution process to address disputes between an
  assisted living [a] facility and the commission [department]
  concerning a statement of violations prepared by the commission 
  [department] in accordance with this section. The process must
  provide for adjudication by an appropriate disinterested person of
  disputes relating to a statement of violations. The informal
  dispute resolution process must require:
               (1)  the assisted living facility to request informal
  dispute resolution not later than the 10th day after the date of
  notification by the commission [department] of the violation of a
  standard or standards;
               (2)  that the [commission to complete the] process be
  completed not later than the 90th day after the date of receipt of a
  request from the assisted living facility for informal dispute
  resolution;
               (3)  that, not later than the 20th [10th] business day
  after the date an assisted living facility requests an informal
  dispute resolution, the commission [department] forward to the
  assisted living facility a copy of all information referenced [that
  is referred to] in the disputed statement of violations or on which
  a citation is based in connection with the survey, inspection,
  investigation, or other visit, including any notes taken by or
  e-mails or messages sent by a commission employee involved with the
  survey, inspection, investigation, or other visit and excluding the
  following information:
                     (A)  the name of any complainant, witness, or
  informant, which must be redacted from information provided to the
  assisted living facility;
                     (B)  any information that would reasonably lead to
  the identification of a complainant, witness, or informant, which
  must be redacted from information provided to the assisted living
  facility;
                     (C)  information obtained from or contained in the
  records of the facility;
                     (D)  information that is publicly available; or
                     (E)  information that is confidential by law;
               (4)  that [the commission to give] full consideration
  is given to all factual arguments raised during the informal
  dispute resolution process [that:
                     [(A)     are supported by references to specific
  information that the facility or department relies on to dispute or
  support findings in the statement of violations; and
                     [(B)     are provided by the proponent of the
  argument to the commission and the opposing party];
               (5)  that full consideration is given during the
  informal dispute resolution process [staff give full
  consideration] to the information provided by the assisted living
  facility and the commission [department];
               (6)  that ex parte communications concerning the
  substance of any argument relating to a survey, inspection,
  investigation, visit, or statement of violations under
  consideration not occur between the informal dispute resolution
  staff and the assisted living facility or the commission 
  [department]; [and]
               (7)  that the assisted living facility and the
  commission [department] be given a reasonable opportunity to submit
  arguments and information supporting the position of the assisted
  living facility or the commission [department] and to respond to
  arguments and information presented against them, provided the
  assisted living facility submits its arguments and supporting
  information not later than the 10th business day after the date of
  receipt of the materials provided under Subdivision (3); and
               (8)  that the commission bears the burden of proving
  the violation of a standard or standards.
         (c)  An assisted living facility requesting an informal
  dispute resolution under this section must reimburse the commission 
  [department] for any costs associated with the commission's 
  [department's] preparation, copying, and delivery of information
  requested by the facility.
         (d)  A statement of violations prepared by the commission 
  [department] following a survey, inspection, investigation, or
  visit is confidential pending the outcome of the informal dispute
  resolution process.  Information concerning the outcome of a
  survey, inspection, investigation, or visit may be posted on any
  website maintained by the commission [department] while the dispute
  is pending if the posting clearly notes each finding that is in
  dispute.
         (e)  The commission may charge and the assisted living
  facility shall pay the reasonable costs associated with making the
  redactions required by Subsections (a)(3)(A) and (B).
         SECTION 2.  Section 531.058, Government Code, is amended by
  amending Subsections (a) and (a-1) and adding Subsection (d) to
  read as follows:
         (a)  The executive commissioner by rule shall establish an
  informal dispute resolution process in accordance with this
  section. The process must provide for adjudication by an
  appropriate disinterested person of disputes relating to a proposed
  enforcement action or related proceeding of the commission under
  Section 32.021(d), Human Resources Code, or [the Department of
  Aging and Disability Services] under Chapter 242, 247, or 252,
  Health and Safety Code. The informal dispute resolution process
  must require:
               (1)  an institution or facility to request informal
  dispute resolution not later than the 10th calendar day after
  notification by the commission [or department, as applicable,] of
  the violation of a standard or standards; and
               (2)  the completion of [commission to complete] the
  process not later than:
                     (A)  the 30th calendar day after receipt of a
  request from an institution or facility, other than an assisted
  living facility, for informal dispute resolution; or
                     (B)  the 90th calendar day after receipt of a
  request from an assisted living facility for informal dispute
  resolution.
         (a-1)  As part of the informal dispute resolution process
  established under this section, the commission shall contract with
  an appropriate disinterested person [who is a nonprofit
  organization] 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 [Department of Aging and Disability Services]
  concerning a statement of violations prepared by the commission 
  [department] in connection with a survey conducted by the
  commission [department] 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.
         (d)  The rules adopted by the executive commissioner under
  Subsection (a) that relate to a dispute described by Section
  247.051(a), Health and Safety Code, must incorporate the
  requirements of Section 247.051, Health and Safety Code.
         SECTION 3.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 924 passed the Senate on
  April 19, 2017, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 924 passed the House, with
  amendment, on May 19, 2017, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor