HBA-DMD H.B. 3628 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3628
By: Naishtat
Human Services
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

If a nursing home owner commits fraud or mismanages the institution's
finances, the health and safety of the residents may be put at risk. When
the state takes over an institution because of fraud or mismanagement, the
financial burden for closing the institution or for transferring its
residents falls on the state. The owner may be prosecuted, but there are no
provisions barring an owner from providing nursing home care to Texans.  

H.B. 3628 makes a person who owns, controls, or operates an institution for
which a trustee has been appointed or emergency funds granted ineligible
for issuance or renewal of a license until five years after the trustee's
appointment expires or the last day which emergency funds were used,
whichever is later. This bill also increases the penalty for a person who
has been convicted of fraud or theft from the institution and because of
which a trustee has been appointed or emergency funds granted to the
institution.  


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 Subchapter D, Chapter 242, Health and Safety Code, by
adding Section 242.102, as follows: 

Sec. 242.102. INELIGIBILITY FOR LICENSE. (a) Provides that a person who
owns, controls, or operates an institution for which a trustee is appointed
or emergency assistance funds are granted, is ineligible for issuance or
renewal of a license before the fifth anniversary of the date the
appointment of the trustee terminates, or the last date on which emergency
assistance funds are used with respect to the institution, whichever is
later.  

(b) Provides that for the purpose of this section, a person "controls" an
institution if the person is a partner, officer, director, or managing
employee of the applicant or license holder; a person who owns or controls
the owner of the physical plant of a facility in which the institution
operates or is to operate; or is a controlling person with respect to the
institution for which a license or license renewal is requested.  

SECTION 2.  Amends Subchapter D, Chapter 12, Penal Code, by adding Section
12.48, as follows: 

Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT
HOMES. Provides that if it is shown on the trial of an offense under
Chapters 31 (Theft) or 32 (Fraud), Penal Code, that, as a result of a loss
incurred because of theft or fraud, a trustee was appointed or emergency
assistance funds were used for a nursing or convalescent home under
Subchapter D (Trustees for Nursing or Convalescent Homes), Chapter 242
(Convalescent and Nursing Homes and Related Institutions), Health and
Safety Code, the punishment for the offense is increased to the punishment
prescribed for the next higher category of offense except that a felony of
the first degree is punished as a felony of  the first degree.  

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Makes application of this Act prospective, as it applies to the
punishment of an offense under this Act. 

SECTION 5.Emergency clause.