By: Raymond H.B. No. 3533       A BILL TO BE ENTITLED   AN ACT   relating to inspection procedures in certain long-term care   facilities and the creation of a long-term care legislative   oversight committee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 247.027, Health and Safety Code, is   amended by adding Subsections (c), (d), (e), (f), and (g) to read as   follows:          (c)  On application of an assisted living facility licensed   under this chapter, a municipal fire marshal may grant a waiver for   a violation of a life safety requirement or fire safety standard   cited in the commission's final official statement of violations   after an inspection conducted under this section if the fire   marshal finds that:                 (1)  the facility met all applicable life safety   requirements and fire safety standards at the time the facility was   initially licensed; and                (2)  the waiver will not have an adverse effect on   resident health and safety.          (d)  An assisted living facility that receives a waiver under   Subsection (c) is not required to include the waived violation in   the facility's plan of correction submitted under Section 247.0271.          (e)  A commission employee may not conduct an inspection of   an assisted living facility unless the employee is a health care   professional licensed in this state. An officer or employee of a   facility may require the commission employee to provide proof of   the licensure before the commission employee conducts an   inspection.          (f)  The commission employee shall include on the   commission's inspection checklist:                (1)  a brief description of the evidence that supports   a finding that a violation occurred; and                 (2)  the name and title of the person who found each   violation.          (g)  The executive commissioner shall adopt rules to ensure   that among the community services regions the commission uniformly   administers inspections and consistently interprets and enforces   the rules and laws regulating the assisted living facilities.  The   executive commissioner shall prepare and deliver a semiannual   progress report on uniform administration, interpretation, and   enforcement to the commission and the appropriate health and human   services legislative standing committees.          SECTION 2.  Section 247.0271, Health and Safety Code, is   amended by adding Subsections (c-1) and (e) to read as follows:          (c-1)  The inspector may not conduct an additional   inspection during an additional exit conference. The inspector may   not use an additional exit conference to retaliate against an   assisted living facility for:                (1)  filing a complaint against the commission or the   inspector regarding an inspection; or                 (2)  requesting an administrative hearing to contest a   finding of a violation of this chapter.           (e)  The inspector may not require an assisted living   facility, through an inspection or the final official statement of   violations, to take any action that conflicts with a written order   of a physician. A facility shall provide evidence that the   statement of violations conflicts with a written order of a   physician in the facility's plan of correction. A facility is not   required to correct a violation that conflicts with the written   orders of a physician.          SECTION 3.  Section 252.038, Health and Safety Code, is   amended by adding Subsections (f) and (g) to read as follows:          (f)  On application of a facility licensed under this   chapter, a municipal fire marshal may grant a waiver for a violation   of a life safety requirement or fire safety standard cited in the   commission's final official statement of violations after an   inspection, survey, or investigation conducted under this chapter   if the fire marshal finds that:                 (1)  the facility met all applicable life safety   requirements and fire safety standards at the time the facility was   initially licensed; and                (2)  the waiver will not have an adverse effect on   resident health and safety.           (g)  A facility that receives a waiver under Subsection (f)   is not required to include the waived violation in the facility's   plan to correct violations submitted under Section 252.044.          SECTION 4.  Section 252.040, Health and Safety Code, is   amended by amending Subsection (i) and adding Subsections (j) and   (k) to read as follows:          (i)  The commission [department] shall have specialized   staff conduct inspections, surveys, or investigations of   facilities under this section.  A commission employee may not   conduct an inspection, survey, or investigation of a facility   unless the employee is a health care professional licensed in this   state. An officer or employee of a facility may require the   commission employee to provide proof of the licensure before the   commission employee conducts an inspection, survey, or   investigation.           (j)  The commission or the commission's representative shall   include on the commission's inspection form:                (1)  a brief description of the evidence that supports   a finding that a violation occurred; and                 (2)  the name and title of the person who found each   violation.           (k)  The executive commissioner shall adopt rules to ensure   that among the community services regions the commission uniformly   administers inspections, surveys, and investigations and   consistently interprets and enforces the rules and laws regulating   the facilities licensed under this chapter.  The executive   commissioner shall prepare and deliver a semiannual progress report   on uniform administration, interpretation, and enforcement to the   commission and the appropriate health and human services   legislative standing committees.          SECTION 5.  Section 252.044, Health and Safety Code, is   amended by adding Subsections (b-1) and (d) to read as follows:          (b-1) The commission or the commission's representative may   not conduct an additional inspection, survey, or investigation   during an additional exit conference.  The commission or the   commission's representative may not use an additional exit   conference to retaliate against a facility for:                 (1)  filing a complaint against the commission or the   commission's representative regarding an inspection, survey, or   investigation; or                (2)  requesting an administrative hearing to contest a   finding of a violation of this chapter.           (d)  The commission or the commission's representative may   not require a facility, through an inspection, survey, or   investigation or the final official statement of violations, to   take any action that conflicts with a written order of a physician.     A facility shall provide evidence that the statement of violations   conflicts with a written order of a physician in the facility's plan   to correct violations.  A facility is not required to correct a   violation that conflicts with the written orders of a physician.          SECTION 6.  Chapter 161, Human Resources Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. LEGISLATIVE OVERSIGHT COMMITTEE          Sec. 161.401.  DEFINITIONS. In this subchapter:                (1)  "Committee" means the long-term care legislative   oversight committee.                 (2)  "Facility" means:                      (A)  an institution licensed under Chapter 242,   Health and Safety Code;                      (B)  an assisted living facility licensed under   Chapter 247, Health and Safety Code; and                      (C)  an intermediate care facility licensed under   Chapter 252, Health and Safety Code.          Sec. 161.402.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.   (a) The committee is composed of:                (1)  two members of the senate and one public member   appointed by the lieutenant governor; and                (2)  two members of the house of representatives and   one public member appointed by the speaker of the house of   representatives.          (b)  A member of the committee serves at the pleasure of the   appointing official.          (c)  The lieutenant governor and the speaker of the house of   representatives shall appoint the presiding officer of the   committee on an alternating basis. The presiding officer shall   serve a two-year term expiring February 1 of each odd-numbered   year.          Sec. 161.403.  COMMITTEE POWERS AND DUTIES.  (a)  The   committee shall:                (1)  meet at the call of the presiding officer;                (2)  receive, review, and comment on rules proposed by   the commission; and                (3)  review recommendations for legislation proposed   by the commission or the attorney general relating to facilities.          (b)  The committee may hear a facility's complaint regarding   an operational dispute and make a recommendation to the commission.          (c)  The committee may issue process, in accordance with   Section 301.024, Government Code, to compel the attendance of   witnesses and the production of books, records, documents, and   instruments required by the committee.          (d)  The committee may monitor the effectiveness and   efficiency of the facility regulatory system of this state.          (e)  The committee may propose legislation relating to   facilities.          (f)  The committee may request reports and other information   from the commission and the attorney general relating to:                 (1)  the facility regulatory and enforcement system of   this state;                (2)  the standards for including a facility in the STAR   + PLUS Medicaid managed care program; and                (3)  the effectiveness of the STAR + PLUS Medicaid   managed care program in reducing preventable acute care costs.          (g)  The committee shall use the existing staff resources of   the senate and the house of representatives to assist the committee   in performing its duties under this section.          Sec. 161.404.  REPORT.  (a)  The committee shall submit a   report to the governor, lieutenant governor, and speaker of the   house of representatives not later than November 15 of each   even-numbered year.          (b)  The report must include:                (1)  identification of significant problems in the   facility regulatory and enforcement system, with recommendations   for action;                (2)  the effectiveness and efficiency of the facility   regulatory system of this state, with recommendations for action;   and                (3)  recommendations for legislative action, if   necessary or appropriate.           Sec. 161.405.  EXPIRATION.  This subchapter expires   September 1, 2021.           SECTION 7.  (a) As soon as practicable after the effective   date of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt the rules necessary to implement   the changes in law made by this Act.          (b)  Not later than December 1, 2017, the Health and Human   Services Commission shall modify inspection forms to conform to the   requirements of this Act.          (c)  The changes in law made by this Act apply only to an   inspection, survey, or investigation conducted on or after January   1, 2018.          (d)  As soon as practicable after the effective date of this   Act, the lieutenant governor and the speaker of the house of   representatives shall appoint members to the long-term care   legislative oversight committee as required by Subchapter J,   Chapter 161, Human Resources Code, as added by this Act.  The   speaker of the house of representatives shall appoint the first   presiding officer of the committee.          SECTION 8.  This Act takes effect September 1, 2017.