87R569 EAS-F     By: Raymond H.B. No. 933       A BILL TO BE ENTITLED   AN ACT   relating to inspection procedures in and a legislative oversight   committee for certain long-term care facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 247.027, Health and Safety Code, is   amended by adding Subsections (c), (d), and (e) to read as follows:          (c)  An officer or employee of an assisted living facility   may require a commission inspector who is a licensed health care   professional to provide proof of licensure before the inspector   conducts an inspection of the facility.          (d)  A commission inspector shall include on the   commission's inspection checklist:                (1)  a brief description of the evidence supporting   each cited violation; and                (2)  the name and title of the person who discovered   each cited violation.          (e)  The executive commissioner shall:                (1)  adopt rules to ensure that among the commission's   community services regions the commission uniformly administers   inspections and consistently interprets and enforces the laws and   rules regulating assisted living facilities; and                (2)  prepare and deliver a semiannual progress report   on uniform administration, interpretation, and enforcement to   appropriate health and human services legislative standing   committees.          SECTION 2.  Section 247.0271, Health and Safety Code, is   amended by adding Subsections (c-1) and (e) to read as follows:          (c-1)  The inspector may not:                (1)  conduct an additional inspection during an   additional exit conference; or                (2)  use an additional exit conference to retaliate   against an assisted living facility for:                      (A)  filing a complaint against the commission or   the inspector regarding an inspection; or                      (B)  requesting an administrative hearing to   contest a cited violation.          (e)  The inspector may not require an assisted living   facility, through an inspection or the final official statement of   violations, to take any action that conflicts with a written order   of a physician.  A facility in the facility's plan of correction   shall provide evidence that the statement of violations conflicts   with the physician's written order.  A facility is not required to   correct a violation that conflicts with the physician's written   order.          SECTION 3.  Section 252.040, Health and Safety Code, is   amended by amending Subsection (i) and adding Subsections (j) and   (k) to read as follows:          (i)  The commission [department] shall have specialized   staff conduct inspections, surveys, or investigations of   facilities under this section.  An officer or employee of a facility   may require a commission representative who is a licensed health   care professional to provide proof of licensure before the   representative conducts an inspection, survey, or investigation of   the facility.          (j)  The commission or the commission's representative shall   include on the commission's inspection form:                (1)  a brief description of the evidence supporting   each cited violation; and                (2)  the name and title of the person who discovered   each cited violation.          (k)  The executive commissioner shall:                (1)  adopt rules to ensure that among the commission's   community services regions the commission uniformly administers   inspections, surveys, and investigations and consistently   interprets and enforces the laws and rules regulating facilities   licensed under this chapter; and                (2)  prepare and deliver a semiannual progress report   on uniform administration, interpretation, and enforcement to the   appropriate health and human services legislative standing   committees.          SECTION 4.  Section 252.044, Health and Safety Code, is   amended by adding Subsections (b-1) and (d) to read as follows:          (b-1)  The commission or the commission's representative may   not:                (1)  conduct an additional inspection, survey, or   investigation during an additional exit conference; or                (2)  use an additional exit conference to retaliate   against a facility for:                      (A)  filing a complaint against the commission or   the commission's representative regarding an inspection, survey,   or investigation; or                      (B)  requesting an administrative hearing to   contest a cited violation.          (d)  The commission or the commission's representative may   not require a facility, through an inspection, survey, or   investigation or the final official statement of violations, to   take any action that conflicts with a written order of a physician.     A facility in the facility's plan to correct violations shall   provide evidence that the statement of violations conflicts with   the physician's written order.  A facility is not required to   correct a violation that conflicts with the physician's written   order.          SECTION 5.  Chapter 531, Government Code, is amended by   adding Subchapter E-1 to read as follows:   SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE          Sec. 531.181.  DEFINITIONS. In this subchapter:                (1)  "Committee" means the long-term care legislative   oversight committee.                (2)  "Facility" means:                      (A)  a nursing facility licensed under Chapter   242, Health and Safety Code;                      (B)  an assisted living facility licensed under   Chapter 247, Health and Safety Code; and                      (C)  an intermediate care facility licensed under   Chapter 252, Health and Safety Code.          Sec. 531.182.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.     (a) The committee is composed of:                (1)  two members of the senate and one public member   appointed by the lieutenant governor; and                (2)  two members of the house of representatives and   one public member appointed by the speaker of the house of   representatives.          (b)  A member of the committee serves at the pleasure of the   appointing official.          (c)  The lieutenant governor and the speaker of the house of   representatives shall alternate appointing the presiding officer   of the committee. The presiding officer shall serve a two-year term   expiring February 1 of each odd-numbered year.          Sec. 531.183.  COMMITTEE POWERS AND DUTIES. (a) The   committee shall:                (1)  meet at the call of the presiding officer;                (2)  receive, review, and comment on rules proposed by   the executive commissioner; and                (3)  review recommendations for legislation proposed   by the commission or the attorney general relating to facilities.          (b)  Notwithstanding Chapter 551 or any other law, the   committee may meet by telephone conference call, videoconference,   or other similar telecommunication method.  A meeting held by   telephone conference call, videoconference, or other similar   telecommunication method is subject to the requirements of Sections   551.125(c), (d), (e), and (f).          (c)  The committee may hear a facility's complaint regarding   an operational dispute and make a recommendation to the commission.          (d)  The committee may issue process, in accordance with   Section 301.024, to compel the attendance of witnesses and the   production of books, records, documents, and instruments required   by the committee.          (e)  The committee may monitor the effectiveness and   efficiency of the facility regulatory system of this state.          (f)  The committee may propose legislation relating to   facilities.          (g)  The committee may request reports and other information   from the commission and the attorney general relating to:                (1)  the facility regulatory and enforcement system of   this state;                (2)  the standards for including a facility in the   STAR+PLUS Medicaid managed care program; and                 (3)  the effectiveness of the STAR+PLUS Medicaid   managed care program in reducing preventable acute care costs.          (h)  The committee shall use the existing staff resources of   the senate and the house of representatives to assist the committee   in performing its duties under this section.          Sec. 531.184.  REPORT. (a) The committee shall submit a   report to the governor, lieutenant governor, and speaker of the   house of representatives not later than November 15 of each   even-numbered year.          (b)  The report must:                (1)  identify any significant problems in the facility   regulatory and enforcement system, with recommendations for   action;                (2)  examine the effectiveness and efficiency of the   facility regulatory system of this state, with recommendations for   action; and                (3)  include recommendations for any necessary or   appropriate legislative action.          Sec. 531.185.  EXPIRATION. This subchapter expires   September 1, 2025.          SECTION 6.  (a)  As soon as practicable after the effective   date of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt the rules necessary to implement   the changes in law made by this Act.          (b)  Not later than December 1, 2021, the Health and Human   Services Commission shall modify inspection forms to conform to the   requirements of this Act.          (c)  The changes in law made by this Act apply only to an   inspection, survey, or investigation conducted on or after January   1, 2022.          (d)  As soon as practicable after the effective date of this   Act, the lieutenant governor and the speaker of the house of   representatives shall appoint members to the long-term care   legislative oversight committee as required by Subchapter E-1,   Chapter 531, Government Code, as added by this Act. The speaker of   the house of representatives shall appoint the first presiding   officer of the committee.          SECTION 7.  This Act takes effect September 1, 2021.