HBA-NLM C.S.S.B. 19 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 19
By: Zaffirini (Naishtat)
Human Services
3/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, in Texas there is not a one-year probationary period for newly
licensed nursing facility owners.  A probationary license will facilitate
the Texas Department of Human Services in efforts to ensure that only
nursing facilities providing high-quality care are allowed to continue to
operate. The purpose of this bill is to create a one-year probationary
license for nursing facility owners who previously have not conducted
business in the state. 

S.B. 19 creates a one-year probationary license for nursing facility owners
who previously have not conducted business in the state. 

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, Health and Safety Code, by amending
Subsection (d), and by adding Subsection (f), as follows: 

(d)  Provides that Subsection (f) is an exception to this subsection.
Makes conforming changes. 

(f)  Creates a probationary license status for a period of one year for
initial license holders. Requires a license to be issued after the
probationary period only if certain requirements have been met. 

SECTION 2.  Amends Section 242.034, Health and Safety Code, to prohibit a
license fee for a probationary license issued under Section 242.033(f) from
exceeding $125 plus certain additional fees.  Makes conforming changes. 

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

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 19 modifies the original in SECTION 1, Section 242.033(f), Health
and Safety Code, to require a license to be issued after the probationary
period, rather than to authorize a license to be issued after the
probationary period, only if certain requirements have been met.