HBA-MPM S.B. 279 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 279 By: Nelson Public Health 5/18/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, the Texas Department of Health's (TDH) regulatory review has identified enabling statutes for health facility regulatory programs that lack license probation and emergency suspension as sanction options. A specified probation time would give a health care facility the opportunity to correct violations before the facility's license is suspended or revoked. Senate Bill 279 authorizes TDH to place certain health care facilities on probation and provides for the immediate suspension of an end stage renal disease facility's license without a hearing if the facility's lack of compliance poses a danger to public health. 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. ANALYSIS Senate Bill 279 amends the Health and Safety Code to authorize the Texas Department of Health (TDH) to schedule a hospital, ambulatory surgical center, birthing center, abortion facility, special care facility, end stage renal disease facility, or private mental hospital or mental health facility (facility)for probation rather than suspending or revoking the facility's license if TDH finds that the facility is in repeated noncompliance with applicable state law but that the noncompliance does not endanger public health and safety. TDH is required to provide notice to the facility of the probation and items of noncompliance no later than the 10th day before the date the probation period begins. TDH is required to designate a period of at least 30 days during which the facility will remain under probation. The bill provides that the facility must correct the items of noncompliance during the probation period and report the corrections to TDH for approval. TDH is authorized to suspend or revoke the license of a facility that does not correct the items that were in noncompliance or that does not comply with the applicable requirements during the probation period (Secs. 241.053, 243.011, 244.011, 245.012, 248.051, 251.062, and 577.016). S.B. 279 authorizes TDH to issue an emergency order to suspend an end stage renal disease facility license if TDH has reasonable cause to believe that the conduct of the license holder creates an immediate danger to public health and safety. The bill provides that an emergency suspension is effective immediately without a hearing or notice to the license holder. On written request of the license holder, TDH is required to conduct a hearing between 10 and 30 days after the hearing request is received to determine if the emergency suspension is to be continued, modified, or rescinded. The bill provides that the hearing and any appeal are governed by TDH's rules for a contested case hearing and the Administrative Procedure Act (Sec. 251.0621). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 repeals provisions specifying that information and materials obtained or compiled by the Texas Department of Health (TDH) in connection with a complaint or investigation against a hospital, private mental hospital or other mental health facility is confidential and not subject to disclosure. The amendment also repeals provisions specifying that certain related information is subject to disclosure under state law. The amendment adds provisions specifying that information obtained or compiled by TDH in connection with a complaint or investigation against a hospital, private mental hospital, or other mental health facility that is confidential by law remains confidential and is not subject to disclosure under state law. The amendment provides that the changes in law made by the amendment take effect September 1, 2001.