HBA-NMO H.B. 223 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 223 By: Naishtat Human Services 2/9/1999 Introduced BACKGROUND AND PURPOSE Currently, when a nursing facility owner successfully applies for a license to operate in Texas for the first time, the owner receives a license no different from the license that an owner with an established operating history receives. In each case, the license must be renewed every two years. H.B. 223 requires that nursing facility owners doing business in Texas for the first time be issued a probationary license for one year. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 242.033(d) and (f), Health and Safety Code, as follows: (d) Sets forth that an exception to this subsection is provided by Subsection (f). (f) Sets forth that the initial license issued to a license holder who has not previously held a license under this subchapter (Chapter 242, Convalescent and Nursing Homes and Related Institutions; Subchapter B, Licensing, Fees, and Inspections) is a probationary license. Provides that a probationary license is only valid for one year. Authorizes a license to be issued at the end of the one-year probationary period only after: (1) the Texas Department of Human Services (department) finds that the license holder and any other person described under Section 242.032(d) (Background and Qualifications) continue to meet the requirements, rules, and standards under this chapter; (2) an inspection, unless one is not required as provided by Section 242.047 (Accreditation Review Instead of Inspection); (3) payment of the license fee; and (4) department approval of the report required for license renewal that complies with rules adopted by the Texas Board of Human Services that specify the date of submission of the report, the information it must contain, and its form. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.