HBA-NRS H.B. 481 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 481 By: Naishtat Human Services 2/10/2001 Introduced BACKGROUND AND PURPOSE Current law authorizes the commissioner of human services to require a person to use any portion of an administrative penalty to ameliorate a violation by redirecting the fine to improve direct care services in the institution affected by the violation. Currently, there are no clear guidelines in state law for the Texas Department of Human Services (department) to follow to implement the amelioration provisions. House Bill 481 authorizes certain persons charged with a violation to submit to the department a plan to use any portion of the penalty to ameliorate the violation or to improve direct care services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services in SECTION 1 (Section 242.0675, Health and Safety Code) of this bill. ANALYSIS House Bill 481 amends the Health and Safety Code relating to the amelioration of a violation involving convalescent and nursing homes and related institutions. The bill authorizes a person charged with a violation other than a violation subject to correction to submit to the Texas Department of Human Services (department) a plan to use any portion of the penalty to ameliorate the violation or to improve services, other than administrative services, in the facility affected by the violation after the person charged with the violation receives written notice of the department's preliminary violation report. If the department approves the amelioration plan, the bill requires the person charged with the violation to agree to waive the right to an administrative hearing on the charged violation. The bill requires the department to adopt rules to implement the amelioration of a violation. The bill also repeals the current provision authorizing the commissioner of human services to use any portion of the penalty to ameliorate the violation. EFFECTIVE DATE September 1, 2001.