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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.
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:
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.