HBA-LJP S.B. 1593 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1593
By: Moncrief
Human Services
5/16/2001
Engrossed



BACKGROUND AND PURPOSE 

The surveying of certain long-term care facilities is a contentious
process.  This uncooperative environment between providers and regulators
may contribute to lower-quality care for residents in these institutions.
Senate Bill 1593 increases educational and training requirements for
surveyors and providers, increases evaluation and review processes, and
creates an early warning system and rapid response teams to monitor
long-term care facilities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 2 (Section 531.058, Government Code) and to the
commissioner of health and human services in SECTION 4 of this bill. 

ANALYSIS

Senate Bill 1593 amends the Government and Human Resources codes relating
to nursing institutions assisted living facilities and immediate care
facilities for the mentally retarded.  The bill requires the Texas
Department of Human Services (department) to require a surveyor to complete
a basic training program before the surveyor inspects, surveys, or
investigates a long-term care facility.  The training must include
observation of a facility for a minimum of 10 working days within a 14-day
period.  The bill requires the department semiannually to provide training
for surveyors and providers on subjects that address at least one of the 10
most common violations by long-term care facilities under federal or state
law.  The bill also sets forth provisions relating to the required
continuing education credits of a surveyor who is a licensed health care
professional or pharmacist in gerontology or care for individuals with
cognitive or physical disabilities (Sec. 22.037, Human Resources Code). 

The bill requires the Health and Human Services Commission (HHSC) to adopt
procedures to review citations or penalties assessed for a violation of a
rule or law against an institution or facility licensed or certified as a
long-term care facility and the performance of duties by employees and
agents of the department or another state agency responsible for licensing,
inspecting, surveying, or investigating longterm care facilities.  The bill
also requires HHSC to annually report to the speaker of the house of
representatives, the lieutenant governor, and the governor on the findings
of the review (Sec. 531.056, Government Code). 

The bill requires HHSC to establish an early warning system to detect
conditions that could be detrimental to the health, safety, and welfare of
residents, including an analysis of financial and quality-care indicators
that would predict the need for HHSC to take action.  The bill requires
HHSC to establish regional offices with one or more quality-of-care
monitors based on the number of long-term care facilities in the region.
The HHSC is required to establish regional offices with one or more
quality-of-care monitors, based on the number of long-term facilities in
the region, to monitor the facilities in the region on a regular,
unannounced, aperiodic basis, including nights, evenings, weekends, and
holidays.  The bill provides that priority for monitoring visits is
required to be given to long-term care facilities with a history of patient
care deficiencies.  The bill sets forth provisions regarding the
deployment, the assessment, confidentiality,  findings, and recommendations
of quality-of-care monitors, and observations of quality-of-care monitors
of conditions at long-term care facilities that create a threat to the
health or safety of a resident.  The bill also sets forth provisions
regarding the admissibility of testimony and evidence related to
information gathered or reviewed by a quality-of-monitor in any civil or
administrative action related to a long-term care facility. 

The bill requires HHSC to create rapid response teams composed of health
care experts that can visit longterm care facilities identified through the
early warning system.  The bill authorizes rapid response teams to visit
long-term care facilities that request the assistance of HHSC and prohibits
the deployment of rapid response teams for the purpose of helping a
long-term care facility prepare for a regular inspection or survey (Sec.
531.057, Government Code). 

The bill requires HHSC by rule to establish an informal dispute resolution
process that provides for adjudication by an appropriate disinterested
person of disputes relating to a proposed enforcement action or related
proceeding regarding certain long-term care facilities of the department.
The bill requires HHSC to adopt rules to adjudicate claims in contested
cases, including claims unresolved by the informal dispute resolution
process of HHSC.  The bill prohibits HHSC from delegating its
responsibility to administer the informal dispute resolution process to
another state agency (Secs. 32.021, Human Resources Code and 531.058,
Government Code). 

The bill requires the commissioner of HHSC, not later than January 1, 2002,
to adopt any rules necessary to implement the review and survey process in
certain institutions and facilities, a quality assurance early warning
system for certain long-term care facilities, and an informal dispute
resolution process for certain long-term care facilities (SECTION 4). 

The bill requires the department, no later than January 1, 2002, to develop
training necessary to implement the training and continuing education for
investigating certain long-term care facilities.  The bill provides for the
transfer, effective January 1, 2002, of all property and records in the
custody of the department and any rules or forms adopted by the department
to HHSC (SECTIONS 5 and 6). 

EFFECTIVE DATE

September 1, 2001.