HBA-JRA, KMH C.S.S.B. 1249 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1249
By: Nelson
Public Health
5/8/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, state law does not provide for routine licensing inspections of
ambulatory surgical centers. In addition, the Texas Department of Health
(TDH) does not have the authority to pursue emergency suspensions of
ambulatory surgical centers.  C.S.S.B. 2639 subjects licensed ambulatory
surgical centers to licensing inspections every three years and authorizes
TDH to order an emergency suspension of an ambulatory surgical center. 

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 243.006(b), Health and Safety Code, to provide
that a licensed ambulatory surgical center is subject to an on-site
licensing inspection under this chapter once every three years while the
center maintains the certification.  Previously, such a center was not
subject to additional licensing inspections while the center maintained
certification. 

SECTION 2.  Amends Chapter 243, Health and Safety Code, by adding Section
243.0115, as follows: 

Sec. 243.0115.  EMERGENCY SUSPENSION.  Authorizes the Texas Department of
Health (TDH) to issue an emergency order to suspend the license of an
ambulatory surgical center if TDH has reasonable cause to believe that the
conduct of a license holder creates an immediate danger to the public
health and safety.  Provides that an emergency suspension is effective
immediately without a hearing or notice to the license holder.  Requires
TDH to hold a hearing between the 10th and 30th day after receipt of the
written request of the license holder to determine if the emergency
suspension is to be continued, modified, or rescinded.  Provides that the
hearing and any appeal are governed by TDH's rules for a contested case
hearing and Chapter 2001 (Administrative Procedure), Government Code. 

SECTION 3.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 2 by deleting proposed
Sections 243.015-243.020, Health and Safety Code. 

Proposed Section 243.015 would have authorized the Texas Department of
Health (TDH) to assess an administrative penalty against a person who
violates this chapter or a rule adopted under this chapter and limited the
penalty to $1,000 per violation. 

Proposed Section 243.016 would have required TDH to give written notice of
a violation and  authorized the person notified to accept the determination
of TDH, including the penalty, or make a written request for a hearing
within 20 days of receiving the notice. 

Proposed Section 243.017 would have required TDH to set a hearing and
designate a hearings examiner if the person notified fails to respond to
the notice or if the person requests a hearing.  The proposed section would
have required the hearings examiner to make findings of fact and
conclusions of law and to issue to the commissioner of health a proposal
for decision, and authorized the commissioner by order to find that a
violation has occurred and assess a penalty or find that no violation has
occurred based on the findings of fact and conclusions of law and the
recommendations of the hearings examiner. 

Proposed Section 243.018 would have required TDH to give notice of the
order to the person notified and set forth the procedures for payment of
the administrative penalty, judicial review, and refund of a penalty
payment. 

Proposed Section 243.019 would have required a civil or administrative
penalty collected under this chapter to be deposited in the state treasury
to the credit of the general revenue fund 

Proposed Section 243.020 would have authorized TDH to assess reasonable
expenses and costs against a person in an administrative hearing if the
person's license is denied, suspended, or revoked or if administrative
penalties are assessed against the person as a result of the hearing.