Bill

SB 304

84(R) - 2015
Senate Health & Human Services
Senate Health & Human Services
Health & Human Services
Oversight
Licensing & Administrative Procedures

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Charles Schwertner

Bill Caption

Relating to certain violations committed by long-term care facilities, including violations that constitute the abuse and neglect of residents.

Fiscal Notes

No significant fiscal implication to the State or units of local government is anticipated.

Costs associated with the implementation of the bill could be absorbed within existing resources.

Bill Analysis

5/21/15 update:
This bill has been substantively updated since we reported on it in its original chamber. The modifications, however, do not change our neutral position on SB 304. The second chamber sponsor is Representative Raymond. The first and second chamber analyses are below.

First chamber analysis:

The bill would require the Department of Aging and Disability Services (DADS) to revoke a license of a nursing institution if the nursing institution has committed three separate abuse or neglect violations relating to the health and safety of a resident within a 24-month period.  

House committee substitute analysis:

The bill would require the executive commissioner of the Health and Human Services Commission (HHSC) to revoke a license of a nursing institution if the nursing institution has committed three separate abuse or neglect violations relating to the health and safety of a resident within a 24-month period.  In the case of a license revocation under Section 242.061 (a-2), the Department of Aging and Disability Services (DADS) would be authorized to:

  1. request the appointment of a trustee to operate the institution under Subchapter D;
  2. assist with obtaining a new operator for the institution; or
  3. assist with the relocation of residents to another institution.
The bill would authorize the executive commissioner to stay a license revocation required by Section 242.061 (a-2) for a veterans’ home, if the Veterans’ Land Board contracts with a different entity to operate the veterans’ home than the entity that operated the home during the period in which the violations described by Subsection (a-2) occurred.

Vote Recommendation Notes

This legislation strengthens the Department of Aging and Disability Services (DADS) regulatory oversight of nursing home facilities who have a bad track record of inflicting abuse or neglect on a resident, or pose an immediate threat to the health and safety of a resident.

Nursing homes have a moral and contractual responsibility to provide adequate care to residents. Protecting the health and safety of residents promotes personal responsibility on behalf of DADS. However, the three strikes provision may be an excessive solution to address nursing home violations.

Due to the conflicting principles of personal responsibility and limited government, we are neutral on SB 304.