H.B. No. 2205
 
 
 
 
AN ACT
  relating to the informal dispute resolution process for certain
 
  disputes between the Health and Human Services Commission and
  long-term care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.058(a-1), Government Code, as added
  by Chapter 590 (S.B. 924), Acts of the 85th Legislature, Regular
  Session, 2017, is 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.  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 has received the
  facility's plan of removal related to the violation.
         SECTION 3.  Section 531.058(a-1), Government Code, as added
  by Chapter 836 (H.B. 2025), Acts of the 85th Legislature, Regular
  Session, 2017, is repealed.
         SECTION 4.  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 5.  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 certify that H.B. No. 2205 was passed by the House on May
  10, 2019, by the following vote:  Yeas 140, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2205 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor