HBA-JRA H.B. 971 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 971
By: Van de Putte
Human Services
2/28/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Human Services (DHS) is not required to
cite and discuss with a facility's management at the end of an inspection
any violations found during the inspection of a convalescent home, nursing
home, or related institution or to hand-deliver an order closing an
institution or part of an institution.  H.B. 971 requires DHS to cite and
discuss with a facility's management each violation found during an
inspection, survey, or investigation.  This bill also requires that an
order closing an institution or part of an institution be hand-delivered.
Furthermore, this bill specifies that an employee of a facility is required
to follow the facility's internal policies regarding abuse, neglect, or
exploitation, as well as report a violation of the policies by another
person. 

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.  Redesignates and reenacts Section 242.002(6), Health and Safety
Code, as amended by Chapter 693, Acts of the 75th Legislature, Regular
Session, 1997, as Section 242.002(10). 

SECTION 2.  Amends Subchapter B, Chapter 242, Health and Safety Code, by
adding Section 242.0445, as follows: 

Sec. 242.0445.  REPORTING OF VIOLATIONS.  (a)  Requires the Texas
Department of Human Services or the department's representative
(department), in conducting an inspection, survey, or investigation under
Section 242.043 (Inspections) or 242.044 (Unannounced Inspections), to list
each violation of a law or rule on an inspection form designed by the
department and identify the specific law or rule the facility violated. 

(b)  Requires the department to discuss and leave a written list of the
violations with the facility's management in an exit conference at the
conclusion of an inspection, survey, or investigation.  Requires the
department to give the facility an additional exit conference regarding any
additional violations discovered during the review of field notes or
preparation of the official final list. 

(c)  Requires the facility to submit a plan for correcting the violations
to the regional director within 10 days of receiving the final statement of
violations. 

SECTION 3.  Amends Section 242.062(c), Health and Safety Code, to add the
provision that an order suspending a license or closing a part of an
institution under this section must be handdelivered. 

SECTION 4.  Amends Section 242.122(b), Health and Safety Code, to specify
that a facility employee must follow the facility's internal policies
regarding abuse, neglect, or exploitation, as well as report a violation of
the policies by another person. 

 SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.