Bill Text: TX SB20 | 2013 | 83rd Legislature 3rd Special Session | Introduced
Bill Title: Relating to the licensing and regulation of hospitals in this state; increasing the amount of administrative penalties assessed or imposed against certain hospitals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-08-05 - Filed [SB20 Detail]
Download: Texas-2013-SB20-Introduced.html
By: Nelson | S.B. No. 20 | |
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relating to the licensing and regulation of hospitals in this | ||
state; increasing the amount of administrative penalties assessed | ||
or imposed against certain hospitals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 241.022(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The application must contain: | ||
(1) the name and social security number of the sole | ||
proprietor, if the applicant is a sole proprietor; | ||
(2) the name and social security number of each | ||
general partner who is an individual, if the applicant is a | ||
partnership; | ||
(3) the name and social security number of any | ||
individual who has an ownership interest of more than five [ |
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percent in the corporation, if the applicant is a corporation; and | ||
(4) any other information that the department may | ||
reasonably require. | ||
SECTION 2. Subchapter B, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.0261 to read as follows: | ||
Sec. 241.0261. INFORMATION SHARING WITH OFFICE OF INSPECTOR | ||
GENERAL. (a) The department in accordance with department rules | ||
may share with the office of inspector general established under | ||
Subchapter C, Chapter 242, Human Resources Code, information | ||
relating to an applicant for a hospital license under this chapter | ||
or a hospital license holder. | ||
(b) The executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules necessary to implement | ||
this section. | ||
SECTION 3. Section 241.051(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The department shall conduct an [ |
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inspection of each hospital licensed under this chapter at least | ||
once every three years, and the department may make any inspection, | ||
survey, or investigation [ |
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representative of the department may enter the premises of a | ||
hospital at any reasonable time to make an inspection, a survey, or | ||
an investigation to assure compliance with or prevent a violation | ||
of this chapter, the rules adopted under this chapter, an order or | ||
special order of the commissioner of health, a special license | ||
provision, a court order granting injunctive relief, or other | ||
enforcement procedures. The department shall maintain the | ||
confidentiality of hospital records as applicable under state or | ||
federal law. | ||
SECTION 4. Subchapter C, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.0532 to read as follows: | ||
Sec. 241.0532. EMERGENCY SUSPENSION. (a) The department | ||
may issue an emergency order to suspend a license issued under this | ||
chapter if the department has reasonable cause to believe that the | ||
conduct of a license holder creates an immediate danger to the | ||
public health and safety. An emergency suspension is effective | ||
immediately without a hearing on notice to the license holder. | ||
(b) On written request of the license holder, the department | ||
shall conduct a hearing not earlier than the 10th day or later than | ||
the 30th day after the date the hearing request is received to | ||
determine if the emergency suspension is to be continued, modified, | ||
or rescinded. | ||
(c) The hearing and any appeal are governed by the | ||
department's rules for a contested case hearing and Chapter 2001, | ||
Government Code. | ||
SECTION 5. Sections 241.059(b) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) In determining the amount of the penalty, the | ||
commissioner of health shall consider: | ||
(1) the hospital's previous violations; | ||
(2) the seriousness of the violation; | ||
(3) any threat to the health, safety, or rights of the | ||
hospital's patients; | ||
(4) the demonstrated good faith of the hospital; [ |
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(5) the effect of the penalty on the hospital's ability | ||
to continue to provide services; and | ||
(6) such other matters as justice may require. | ||
(c) The penalty may not exceed $25,000 [ |
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violation, except that the penalty for a violation of Section | ||
166.004 shall be $500. Each day of a continuing violation, other | ||
than a violation of Section 166.004, may be considered a separate | ||
violation. | ||
SECTION 6. Chapter 241, Health and Safety Code, is amended | ||
by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. TRUSTEES FOR HOSPITALS | ||
Sec. 241.081. INVOLUNTARY APPOINTMENT. (a) The | ||
department may request the attorney general to bring an action in | ||
the name and on behalf of the state for the appointment of a trustee | ||
to operate a hospital if: | ||
(1) the hospital is operating without a license; | ||
(2) the department has suspended or revoked the | ||
hospital's license; | ||
(3) license suspension or revocation procedures | ||
against the hospital are pending and the department determines that | ||
an imminent threat to the health and safety of the patients exists; | ||
(4) the department determines that an emergency exists | ||
that presents an immediate threat to the health and safety of the | ||
patients; or | ||
(5) the hospital is closing and arrangements for | ||
relocation of the patients to other licensed institutions have not | ||
been made before closure. | ||
(b) A trustee appointed under Subsection (a)(5) may only | ||
ensure an orderly and safe relocation of the hospital's patients as | ||
quickly as possible. | ||
(c) After a hearing, a court shall appoint a trustee to take | ||
charge of a hospital if the court finds that involuntary | ||
appointment of a trustee is necessary. | ||
(d) If possible, the court shall appoint as trustee an | ||
individual whose background includes institutional medical | ||
administration. | ||
(e) Venue for an action brought under this section is in | ||
Travis County. | ||
(f) A court having jurisdiction of a judicial review of the | ||
matter may not order arbitration, whether on the motion of any party | ||
or on the court's own motion, to resolve the legal issues of a | ||
dispute involving the: | ||
(1) appointment of a trustee under this section; or | ||
(2) conduct with respect to which the appointment of a | ||
trustee is sought. | ||
Sec. 241.082. QUALIFICATIONS OF TRUSTEES. (a) A court may | ||
appoint a person to serve as a trustee under this subchapter only if | ||
the proposed trustee can demonstrate to the court that the proposed | ||
trustee will be: | ||
(1) present at the hospital as required to perform the | ||
duties of a trustee; and | ||
(2) available on call to appropriate staff at the | ||
hospital, the department, and the court as necessary during the | ||
time the trustee is not present at the hospital. | ||
(b) A trustee shall report to the court in the event that the | ||
trustee is unable to satisfy the requirements of Subsection (a)(1) | ||
or (2). | ||
(c) On the motion of any party or on the court's own motion, | ||
the court may replace a trustee who is unable to satisfy the | ||
requirements of Subsection (a)(1) or (2). | ||
(d) A trustee's charges must separately identify personal | ||
hours worked for which compensation is claimed. A trustee's claim | ||
for personal compensation may include only compensation for | ||
activities related to the trusteeship and performed in or on behalf | ||
of the hospital. | ||
Sec. 241.083. COMPENSATION; RELEASE OF FUNDS. (a) A | ||
trustee appointed under this subchapter is entitled to reasonable | ||
compensation as determined by the court. On the motion of any | ||
party, the court shall review the reasonableness of the trustee's | ||
compensation. The court shall reduce the amount if the court | ||
determines that the compensation is not reasonable. | ||
(b) The trustee may petition the court to order the release | ||
to the trustee of any payment owed the trustee for care and services | ||
provided to the patients if the payment has been withheld, | ||
including a payment withheld by the Health and Human Services | ||
Commission at the recommendation of the department. | ||
(c) Withheld payments may include payments withheld by a | ||
governmental agency or other entity during the appointment of the | ||
trustee, such as payments: | ||
(1) for Medicaid, Medicare, or insurance; | ||
(2) by another third party; or | ||
(3) for medical expenses borne by the patient. | ||
SECTION 7. (a) The executive commissioner of the Health | ||
and Human Services Commission shall adopt the rules required by | ||
Chapter 241, Health and Safety Code, as amended by this Act, not | ||
later than May 1, 2014. | ||
(b) The changes in law made by this Act apply only to an | ||
application submitted under Section 241.022, Health and Safety | ||
Code, as amended by this Act, or the assessment or imposition of an | ||
administrative penalty under Section 241.059, Health and Safety | ||
Code, as amended by this Act, for a violation that occurs on or | ||
after the effective date of this Act. An application submitted | ||
under Section 241.022 before the effective date of this Act or the | ||
assessment or imposition of an administrative penalty under Section | ||
241.059 for a violation that occurs before the effective date of | ||
this Act is governed by the law in effect on the date the | ||
application was submitted or the violation occurred, and that law | ||
is continued in effect for that purpose. | ||
SECTION 8. 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 on the 91st day after the last day of the | ||
legislative session. |