HBA-NMO H.B. 223 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 223
By: Naishtat
Human Services
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently,  when a nursing facility owner successfully applies for a
license to operate in Texas for the first time, the owner receives a
license no different from the license that an owner with an established
operating history receives. In each case, the license must be renewed every
two years. H.B.  223 requires that nursing facility owners doing business
in Texas for the first time be issued a probationary license for one year. 

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.  Amends Section 242.033(d) and (f), Health and Safety Code, as
follows: 

(d) Sets forth that an exception to this subsection is provided by
Subsection (f). 

(f) Sets forth that the initial license issued to a license holder who has
not previously held a license under this subchapter (Chapter 242,
Convalescent and Nursing Homes and Related Institutions; Subchapter B,
Licensing, Fees, and Inspections) is a probationary license. Provides that
a probationary license is only valid for one year.  Authorizes a license to
be issued at the end of the one-year probationary period only after: 

(1) the Texas Department of Human Services (department) finds that the
license holder and any other person described under Section 242.032(d)
(Background and Qualifications) continue to meet the requirements, rules,
and standards under this chapter; 

(2) an inspection, unless one is not required as provided by Section
242.047 (Accreditation Review Instead of Inspection); 

(3)  payment of the license fee; and 

(4) department approval of the report required for license renewal that
complies with rules adopted by the Texas Board of Human Services that
specify the date of submission of the report, the information it must
contain, and its form. 

SECTION 2.  Effective date:  September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.