87R11001 MCF-F     By: Klick H.B. No. 3240       A BILL TO BE ENTITLED   AN ACT   relating to the composition of the Long-Term Care Facilities   Council and rules related to and the imposition of administrative   penalties against certain long-term care facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 531.0581(b), Government Code, is amended   to read as follows:          (b)  The executive commissioner shall establish a Long-Term   Care Facilities Council as a permanent advisory committee to the   commission. The council is composed of the following members   appointed by the executive commissioner:                (1)  at least one member who is a for-profit nursing   facility provider;                (2)  at least one member who is a nonprofit nursing   facility provider;                (3)  at least one member who is an assisted living   services provider;                (4)  at least one member responsible for survey   enforcement within the state survey and certification agency;                (5)  at least one member responsible for survey   inspection within the state survey and certification agency;                (6)  at least one member of the state agency   responsible for informal dispute resolution;                (7)  at least one member with expertise in Medicaid   quality-based payment systems for long-term care facilities;                (8)  at least one member who is a practicing medical   director of a long-term care facility; [and]                (9)  at least one member who is a physician with   expertise in infectious disease or public health; and                (10)  at least one member who is a community-based   provider at an intermediate care facility for individuals with   intellectual or developmental disabilities licensed under Chapter   252, Health and Safety Code.          SECTION 2.  Section 252.065(b), Health and Safety Code, is   amended to read as follows:          (b)  The penalty for a facility with fewer than 60 beds shall   be not less than $100 or more than $1,000 for each violation. The   penalty for a facility with 60 beds or more shall be not less than   $100 or more than $5,000 for each violation. Each day a violation   occurs or continues is a separate violation for purposes of   imposing a penalty. The total amount of penalties [a penalty]   assessed under this subsection [for each day a violation occurs or   continues] may not exceed:                (1)  $5,000 for a facility with fewer than 60 beds; and                (2)  $25,000 for a facility with 60 beds or more.          SECTION 3.  Section 161.089(c), Human Resources Code, is   amended to read as follows:          (c)  After consulting with appropriate stakeholders, the   executive commissioner shall develop and adopt rules regarding the   imposition of administrative penalties under this section. The   rules must:                (1)  specify the types of violations that warrant   imposition of an administrative penalty;                (2)  establish a schedule of progressive   administrative penalties in accordance with the relative type,   frequency, and seriousness of a violation;                (3)  prescribe reasonable amounts to be imposed for   each violation giving rise to an administrative penalty, subject to   Subdivision (4);                (4)  authorize the imposition of an administrative   penalty in an amount not to exceed $5,000 for each violation;                (5)  provide that a provider commits a separate   violation each day the provider continues to violate the law or   rule;                (6)  ensure standard and consistent application of   administrative penalties throughout the state; [and]                (7)  provide for an administrative appeals process to   adjudicate claims and appeals relating to the imposition of an   administrative penalty under this section that is in accordance   with Chapter 2001, Government Code;                (8)  ensure standard and consistent interpretation of   service delivery rules and consistent application of   administrative penalties throughout this state; and                (9)  include interpretative guidelines for regulatory   staff and providers regarding the imposition of administrative   penalties under this section.          SECTION 4.  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.          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, 2021.