HB 154
Raises the personal needs allowance under Medicaid to not less than $60 a month. Directs TDHS to set rates for reimbursement to allow for this as well as set up an early warning system for fraud in handling personal needs allowance funds for residents. Directs HHSC to ensure that rules governing the determination of rates paid for nursing home services provide for the including liability insurance costs only for those homes that purchase liability insurance acceptable to the commission. Effective September 1, 2001.
- May require rules to detect fraud in the handling of resident funds.
- May require rules to identify acceptable liability insurance.
HB 482
Extends the statute relating to protecting persons from discrimination or retaliation to include volunteers and family members or guardians of residents. Employees who are suspended or terminated as a result of reporting a violation or cooperating with an investigation or proceeding of a governmental entity has a cause of action against the facility. Recovery is expanded to include reinstatement of lost fringe benefits or seniority rights. Suits for retaliation are expended to allow volunteers, family members or guardians to sue for damages as a result of retaliation or discrimination. Effective September 1, 2001.
HB 772
Allows for the release of inmates needing long-term care to vendors who have contracted with TDHS and the Texas Council on Offenders with Mental Impairments to provide services for inmates released on medically recommended intensive supervision. Effective September 1, 2001.
HB 966
Directs the Health and Human Services Commission to study ways in which health and human services agencies may quantify the amount of money appropriated by the legislature that is spent to care for a person who is receiving institutional care in an institution operated by the state or funded in part by appropriated money and redirect all or part of that amount to one or more community-based programs that will provide community-based services to the person in the event the person leaves the institution to live in the community. Effective September 1, 2001. Expires June 1, 2003.
HB 1154
Authorizes HHSC to make grants to community-based organizations to provide support for long-term care services. Effective September 1, 2001.
HB 1418
Change in procedures for Drug Testing and Criminal History Checks. Facilities must have a policy describing the facility=s policy for drug test of employees who have direct contact with residents and conducting criminal history record checks of employees and applicants for employment. TDHS shall develop a model policy for drug testing of employees, including annual and random testing. Allows facilities to obtain criminal history records directly from DPS. Limits prohibition from employment if conviction under Chapter 31 of the Penal Code is to the 5th anniversary date of the conviction. Effective September 1, 2001.
- Requires facilities to have policy on drug testing of employees.
- Allows facilities to obtain criminal history records directly from DPS
- Requires TDHS to develop model policy
HB 2258
Requires TDHS to identify each nursing home resident who has a mental illness or mental retardation and to provide this information to TDMHMR for purposes of coordinating services and possibly transitioning into more appropriate community-based services. Effective September 1, 2001.
- Requires nursing home facilities to coordinate the discharge of persons with mental illnesses or mental retardation with TDMHMR to ensure services continue and to coordinate benefits.
HB 2482
- Rules shall be developed by the Department of Insurance to stabilize insurance premium rates
HB 3556
Amends the requirement that certain licensed assisted living centers may now be two-story buildings, rather than require them to be only one-story buildings. Effective September 1, 2001.
SB 34
Expands Medicaid to cover dental services to residents in nursing homes. Does not require the nursing home to develop rules, or other procedures at this time, but may require that under their rule-making authority. Effective September 1, 2001
- Requires HHSC to develop rules relating to fee schedule for providing dental services
- Nursing homes will have to implement policies and procedures regarding the provision of dental services to comply with this new service provided to Medicaid residents.
SB 37
Establishes a temporary nursing facility license. Gives TDHS 30 days to issue or deny a temporary license. A temporary license expires after 91 days. During the time the facility has the temporary license, TDHS may not place a vendor hold on payments to the facility. When the facility passes all surveys, the regular license shall be issued effective the date of the change of ownership. Effective January , 2001. Applies to applications filed after January 1, 2001 with a February 1 or after effective date of the CHOW.
- Rules governing the procedure should be developed by TDHS, though the bill analysis states that none are required.
SB 38
Establishes review of construction plans or plans to renovate a facility to ensure compliance with life safety code standards before construction begins. Effective September 1, 2001. Addresses rate stabilization for long-term care insurance. Effective September 1, 2001.
- Rules shall be developed by TDHS regarding the procedures for reviewing construction or renovation plans
SB 40
Establishes a program under the Texas Higher Education Coordinating Board to provide tuition assistance to LVN students who agree to practice in long-term care facilities. If the LVN does not practice in a long-term care facility as agreed, the tuition assistance becomes a loan and is repayable. The purpose is to attempt to assist in the current shortage of LVN nurses. Effective September 1, 2001.
- Rule making authority is granted to the Higher Education Coordinating Board to implement this bill.
SB 159
Establishes a grant program to facilities to implement a best practices/quality of life program in their facility. The grant is to pay part of the costs of a project designed to improve the quality of life for residents of the facility and that could serve as a model of best practices for the industry. The program is funded by the administrative penalties collected by TDHS. Effective September 1, 2001.
- TDHS shall develop rules for submitting grant proposals, evaluating proposals, and reports from a grant recipient.
SB 177
See separate News Flash on this site.
SB 355
Expands provisions currently contained in law relating to inpatient psychiatric settings on informed consent regarding prescriptions for psychoactive medication to residents in nursing homes. Resident’s rights are expanded to include the right to receive information about prescribed psychoactive medication from the person prescribing the medication or that person’s designee, to have any psychoactive medications and administered in a responsible manner and to refuse to consent to the prescription of psychoactive medications. Psychoactive medications may not be administered to a resident unless it is a medication-related emergency, which is a situation in which it is immediately necessary to administer medication to a resident to prevent imminent probable death or substantial bodily harm to the resident or imminent physical or emotional harm to another because of threats, attempts or other acts the resident overtly or continually makes or commits. Specific documentation is required in the resident’s record if psychoactive medication is administered on an emergency basis. Effective September 1, 2001.
- TDHS shall adopt rules amending resident rights to include that they be informed of the reasonably expected effects, side effects and risks associated with psychotropic medications. The information is to be provided by the person prescribing the medication or that person’s designee. The resident is informed that they may refuse the prescription.
- Facility rules should include the process of ensuring each resident is informed by the person prescribing psychotropic medications in compliance with this Act
- Facility procedures should include a consent to administer psychotropic medications when they are prescribed and should include designation of medication-related emergency. Facility training and inservices should be done.
- Facility should develop policies and procedures for physicians prescribing psychoactive medications to document the necessity of the order and that the treatment shall be provided in the manner consistent with clinically appropriate medical care, least restrictive of the resident’s personal liberty.
SB 368
Directs HHSC to create regulations relating to uniform permanency planning procedures for children in ICF/MRs or nursing homes. Each child in a nursing home or ICF/MR must have a permanency plan that is developed by the local mental retardation authority or other contracted entity. Surveys shall now include review of the facility’s compliance with the permanency planning requirements. Not later than the third day from the date of admission of a child to a nursing home, the nursing home must notify TDHS, the community resources coordination group in the county of residence of a parent or guardian of the child, and the local school district. Effective September 1, 2001.
- The Health and Human Services Commission is directed to formulate rules to implement permanency planning for all children (22 and younger) in ICF/MR or nursing home facilities.
- Facilities should implement policies and procedures to coordinate with TDMHMR, TDHS, Protective and Regulatory Services and local authorities as required by this act.
SB 415
Expands the JUA (Joint Underwriting Association) to include for-profit nursing homes to purchase liability insurance. The Commissioner of Insurance shall, but rule, adopt minimum rating standards for for-profit nursing homes that must be met before a for-profit nursing home may obtain coverage through the association. Effective September 1, 2001. Applies to policies renewed January 1, 2002 or after.
SB 527
Establishes procedures for assessing and determining violations and penalties for assisted living facilities, provides for an amelioration process and establishes a separate assisted living facility trust fund. Sets up a survey and remedies system much like that currently existing for nursing homes. Effective September 1, 2001. Rules shall be adopted to implement this act not later than January 1, 2001.
SB 691
Sets up a separate trust fund for assisted living facilities, much like the nursing home trust fund. Will be implemented in conjunction with SB 527. Effective September 1, 2001.
SB 772
TDHS is directed to keep a list of license holders that have excellent operating records. TDHS shall establish by rule specific criteria for designating a license holder as eligible for the list. For those persons on the list, procedures shall be developed by TDHS for expedited approval in obtaining a change of ownership license to operate another existing facility. Effective September 1, 2001. Rules shall be adopted on or before March 1, 2002.
- TDHS shall by rule establish specific criteria for designating a license holder as eligible for the excellent operator list.
SB 908
Establishes the PACE program to be statewide in Texas. PACE (Program for All-Inclusive Care for the Elderly) is a federal program that provides the elderly with an alternative to nursing home care. (See Balanced Budget Act of 1997 — Pub. L. No. 105-33.) Effective September 1, 2001.
SB 1100
Amends the Education Code to require the University of North Texas Health Science Center at Fort Worth and Texas Tech University Health Sciences Center to establish a pilot center for the advancement of quality in long-term care to identify opportunities for research, education and outreach programs to improve the quality of care in long-term care facilities. These pilot projects shall establish uniformity in information and best practices. They shall create and disseminate, in conjunction with appropriate state agencies and long-term care professional organizations, the assessment and care protocols and informational materials to advance the quality of care in long-term care facilities. Effective September 1, 2001.
SB 1160
Outlines criteria to be considered when determining where to build a veterans nursing home.
SB 1376
Requires amelioration be offered to nursing and assisted living facilities when a violation does not constitute immediate jeopardy or if the facility was given a right to correct the deficiency before the imposition of administrative penalties. Amelioration will be offered within 10 days from the date the facility receives final notification of assessment of an administrative penalty after an IDR but before an administrative hearing. An amelioration plan must be filed by the facility and TDHS may require that an amelioration plan propose changes that would result in conditions that exceed the licensure requirements. TDHS shall approve or deny an amelioration plan not later than the 45th day after TDHS receives the plan. On approval of the plan, TDHS shall deny a pending request for a hearing. Amelioration may not be offered more than three times in a two-year period or more than one time in a two-year period for the same or similar violation. Effective September 1, 2001. Applies to violations occurring on or after September 1 (surveys with a September 1 or after date).
SB 1536
Allows HHSC to establish a pilot project relating to technology application to provide rehabilitation services, services for the aging or disabled, or long-term care services, including community care services and support. Effective September 1, 2001.
SB 1839
See separate News Flash on this site.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
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Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
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