Bill Text: TX HB4110 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to certain administrative penalties and procedures associated with aging, community-based, and long-term care service providers and the establishment of a task force to study certain rules and policies related to those services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Health & Human Services [HB4110 Detail]
Download: Texas-2023-HB4110-Engrossed.html
By: Guillen | H.B. No. 4110 |
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relating to certain administrative penalties and procedures | ||
associated with aging, community-based, and long-term care service | ||
providers and the establishment of a task force to study certain | ||
rules and policies related to those services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.089, Human Resources Code, is | ||
amended by amending Subsections (b), (c), (c-1), (e), (f), and (g) | ||
and adding Subsections (b-1), (g-1), and (g-2) to read as follows: | ||
(b) Subject to Subsection (b-1), the [ |
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assess and collect an administrative penalty against a provider who | ||
participates in a program to which this section applies for a | ||
violation of a law or rule relating to the program. If the | ||
commission assesses an administrative penalty against a provider | ||
for a violation of a law or rule, the commission may not impose a | ||
payment hold against or otherwise withhold contract payments from | ||
the provider for the same violation of a law or rule. | ||
(b-1) The commission may not assess an administrative | ||
penalty under this section for minor violations unless those | ||
violations are of a continuing nature or are not corrected by the | ||
provider. | ||
(c) The [ |
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(1) specify each violation that warrants [ |
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based on: | ||
(A) the seriousness of the violation, including: | ||
(i) the nature, circumstances, extent, and | ||
gravity of the violation; and | ||
(ii) the hazard created by the violation to | ||
the health and safety of an individual; and | ||
(B) whether the provider had identified the | ||
violation as part of the provider's internal quality assurance | ||
process and made appropriate progress on correcting the identified | ||
violation; | ||
(2) establish a schedule of appropriate and graduated | ||
penalties for each [ |
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violation based on: | ||
(A) the seriousness of the violation, including: | ||
(i) the nature, circumstances, extent, and | ||
gravity of the violation; and | ||
(ii) the hazard created by the violation to | ||
the health and safety of an individual; | ||
(B) the provider's history of previous | ||
violations; | ||
(C) whether the provider had identified the | ||
violation as part of the provider's internal quality assurance | ||
process and made appropriate progress on correcting the identified | ||
violation; | ||
(D) the amount necessary to deter future | ||
violations; | ||
(E) other than for a violation identified under | ||
Paragraph (C), the provider's effort to correct the violation; and | ||
(F) any other matters that justice may require; | ||
(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, except that each day of a violation occurring before the day | ||
on which the provider receives written notice of the violation from | ||
the commission does not constitute a separate violation and is | ||
considered to be one violation; | ||
(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[ |
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[ |
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(c-1) The [ |
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interpretative guidelines for regulatory staff and providers | ||
regarding the imposition of administrative penalties under this | ||
section. | ||
(e) Except as provided by Subsection (f), the executive | ||
commissioner by rule shall provide to a provider who has | ||
implemented a plan of correction a reasonable period of time | ||
following the first day of a [ |
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commission may assess an administrative penalty. [ |
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(f) The commission may assess an administrative penalty on | ||
provision of written notice of a violation to a provider without | ||
providing the provider with a reasonable period of time [ |
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(1) [ |
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in serious [ |
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(2) constitutes a serious threat to health or safety | ||
and was not corrected by the provider or the provider has not made | ||
demonstrable progress toward correcting the violation before | ||
receiving the notice of the violation from the commission [ |
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(3) [ |
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[ |
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[ |
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[ |
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(A) wilfully interferes with the work of a | ||
representative of the commission or the enforcement of a law | ||
relating to a program to which this section applies; | ||
(B) fails to pay a penalty assessed by the | ||
commission under this section not later than the 10th day after the | ||
date the assessment of the penalty becomes final, subject to | ||
Section 161.0891; or | ||
(C) fails to submit a plan of correction not | ||
later than the 10th day after the date the provider receives a | ||
statement of the violation. | ||
(g) Notwithstanding any other provision of this section, an | ||
administrative penalty ceases to be incurred on the date a | ||
violation is corrected. For purposes of this section, the date of | ||
correction is the date identified by the provider and submitted to | ||
the commission with evidence of the correction. Penalties do not | ||
accrue for a violation until a provider receives written notice of | ||
the violation and of all elements of the violation that must be | ||
corrected by the provider to achieve compliance. | ||
(g-1) Notwithstanding requirements for a provider to notify | ||
the service planning team of a significant change in condition, if | ||
the commission identifies a violation resulting from a deficiency | ||
of services authorized in a service plan, including potential | ||
hazards to the health and safety of an individual, the commission | ||
shall provide an amount of time determined sufficient by the | ||
commission for the service planning team to modify the service plan | ||
before imposing an administrative penalty. | ||
(g-2) Notwithstanding any other law, the commission may | ||
waive or reduce any applicable penalty if the commission determines | ||
that strict enforcement of the rule or law would impose a hardship | ||
or otherwise not be in the best interest of persons supported by the | ||
provider. | ||
SECTION 2. Section 161.0891(g), Human Resources Code, is | ||
amended to read as follows: | ||
(g) The commission may not offer amelioration to a provider: | ||
(1) more than three times in a two-year period; | ||
(2) more than one time in a two-year period for the | ||
same or similar violation; or | ||
(3) for a violation that resulted in [ |
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of a recipient[ |
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SECTION 3. (a) In this section: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the commission. | ||
(3) "Task force" means the home and community-based | ||
services waiver program regulation task force established by this | ||
section. | ||
(b) The commission shall establish the home and | ||
community-based services waiver program regulation task force to: | ||
(1) review all rules and policies adopted by the | ||
commission that are applicable to services provided under the home | ||
and community-based services (HCS) and Texas home living (TxHmL) | ||
Medicaid waiver program; and | ||
(2) provide to the executive commissioner | ||
recommendations on: | ||
(A) clarifying the rules and policies; | ||
(B) reducing administrative burdens; and | ||
(C) repealing or reversing any duplicative or | ||
conflicting rules or policies that are not required by state or | ||
federal law. | ||
(c) Not later than December 1, 2023, the executive | ||
commissioner shall appoint the following members to the task force: | ||
(1) representatives of providers under the home and | ||
community-based services (HCS) and Texas home living (TxHmL) | ||
Medicaid waiver programs; and | ||
(2) representatives of appropriate health and human | ||
services agency functions, including regulatory, waiver, and | ||
billing functions. | ||
(d) Not later than December 1, 2024, the commission shall | ||
prepare and submit to the legislature a report that includes: | ||
(1) recommendations made by the task force; and | ||
(2) any administrative changes made by the commission | ||
as a result of those recommendations. | ||
(e) This section expires September 1, 2025. | ||
SECTION 4. The following provisions of the Human Resources | ||
Code are repealed: | ||
(1) Sections 161.089(d) and (h); and | ||
(2) Section 161.0891(h). | ||
SECTION 5. Section 161.089, Human Resources Code, as | ||
amended by this Act, applies only to a violation that occurs on or | ||
after the effective date of this Act. A violation that occurs before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the violation occurred, and that law is continued in effect | ||
for that purpose. | ||
SECTION 6. 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, 2023. |