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of the written request of the license holder to determine if the emergency suspension is to be continued, modified, or rescinded.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.