Summary of Key Bills Passed - Senate
 

SB 84
Author: Wentworth
Passed and Signed by Governor
Relating to the prompt production of public information under the public information law.

SB 84 amends Section 552.221 of the Government Code to define “promptly” as that term is applied to the time period for release of information in response to an open records request. “Promptly” is defined to mean “as soon as possible under the circumstances, that is, within a reasonable time, without delay”.

SB 153
Author: Zaffirini
Passed and Signed by Governor
Relating to the name, composition, and continuation of the work group created for implementation of the voucher payment program for certain person with disabilities.

Senate Bill 153 amends the Government Code by changing the heading of Section 531.052, Government Code to CONSUMER DIRECTED SERVICES WORK GROUP (work group) from VOUCHER PAYMENT PROGRAM WORK GROUP.  The bill adds the provision that the work group is to be composed of representatives of the Texas Workforce Commission (TWC), appointed by the executive director of TWC (director) and representatives of any other state agency as considered necessary by the commissioner of the Health and Human Services Commission (commissioner), appointed by the governing body of their respective agency.  The bill provides that this section will expire September 1, 2007, rather than September 1, 2003.

The bill further requires the commissioner and the director to ensure that, not later than January 1, 2004, the composition of the work group created to assist in implementing the voucher payment program complies with the requirements of Section 531.052, Government Code, no later than January 1, 2004.

SB 245
Author: Zaffirini
Passed and Signed by Governor
Relating to medical assistance program

Sec. 32.059.  Use Respiratory Therapists for Respiratory Therapy Services.  The department by rule shall require that respiratory therapy services furnished as part of a plan of care under this chapter be provided by a respiratory therapist authorized to practice respiratory care under Chapter 604, Occupations Code when:

    1)  Respiratory therapy is determined by the recipient’s treating physician to be the most effective method of treatment; and
    2)  The use of a respiratory therapist is practicable and cost neutral or cost effective.

SB 313
Author: C. Harris
Passed and Signed by Governor
Relating to collection of civil damages awarded against certain nursing institutions.

Applies only to damages awarded against nonprofit nursing institutions:

    1)  licensed under Chapter 242, Health and Safety Code; and
    2)  affiliated with a nonprofit religious organization described by 34 T.A.C. Section 3.322 (b)(3), as the provision existed on January 1, 2003, before the date on which the action in which the damages are awarded is filed.

Specifies that claimant may not collect damages awarded against a nursing institution described by Subsection (a) from the corpus or income of an endowment or fund:

    1)  that is exempt from federal taxation; and
    2)  the corpus or income of which is used to assist in funding care provided by the nursing institution.

SB 421
Author: Carona
Passed and Signed by Governor
Relating to coverage of assisted living facilities under professional liability insurance and the Texas Medical Liability Insurance Underwriting Association.

Senate Bill 421 amends the Insurance Code to provide for the eligibility of assisted living facilities for coverage under the Medical Liability Insurance Underwriting Association.   The bill applies certain procedures of the association to assisted living facilities and includes assisted living facilities under certain provisions relating to participation in the association as follows:

• The bill applies provisions relating to a stabilization reserve fund for nursing homes to assisted living facilities and excludes assisted living facilities from the stabilization reserve fund for physicians and certain health care providers.

• The bill provides that the association is not liable for exemplary damages under a professional liability insurance policy that covers assisted living facilities and excludes certain exemplary damages, but does not prohibit an assisted living facility from purchasing a policy to cover exemplary damages.  The bill adds assisted living facilities to the groups for whom the Commissioner of Insurance (Commissioner) is authorized to approve an endorsement form that provides for coverage for exemplary damages to be used on a policy of medical professional liability insurance.

SB 464
Author: Nelson
Passed and Signed by Governor
Relating to appointment of a management team to manage and operate a community center for MHMR services.

The Bill  amends Section 534.038 (a) and (d), Health and Safety Code. The bill allows the Commissioner to move quickly to assume management of a facility deemed to be mismanaged.  The appeals process is still available to local MHMR officers, but in the interim, the facility may be managed by state officials.

SB 718
Author: Madla
Passed and Signed by Governor
Relating to regulation of nursing.

Allows the Board of Nurse Examiners to approve and adopt rules regarding pilot programs for innovative applications in the practice of professional nursing.

Clarifies the RN mandatory reporting law so that RNs do not have to fear being reported to the licensing board for minor incidents such as a single medication error that causes no risk of harm to the patient.

• Authorize the BNE to conduct pilots designed to maximize the reporting of systems errors as opposed to simply blaming individual RNs for outcomes caused more by system deficiencies that any deficiency in the nurse’s knowledge or skills.

• Provides greater non-retaliation protections for RNs that raise patient care concerns within the facility so RNs don’t have to fear negative consequences for advocating for their patients.

• Protects the use of title “nurse” and require RNs to be clearly identified so that patients know who is providing their nursing care. 

• Require hospitals to have policies addressing workplace safety for nurses so that nurses can practice in a workplace with less risk of injury and violence.
   

SB 1012
Author: R. West
Passed and Signed by Governor
Relating to placement of electronic monitoring devices in the rooms of certain residents in assisted living facilities.

Applies Subchapter R, Chapter 242, Health and Safety Code related to Electronic Monitoring of Resident’s Room to assisted living facilities, along with nursing homes.  NOTE: Currently, electronic monitoring devices are allowed to be placed in residents’ rooms in nursing homes.

SB 1073
Author: R. West
Passed and Signed by Governor
Relating to convictions barring employment in certain facilities serving the elderly or persons with disabilities.

Senate Bill 1073 adds the following other offenses to the list of offenses which prohibit a person from being employed in a position of which the duties involve direct contact with a consumer in a facility before the fifth anniversary of the date of the conviction.

• An offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;

• An offense under Section 30.02, Penal Code (burglary); 

• An offense under Chapter 31, Penal Code (theft), that is punishable as a felony;

• An offense under Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony; or

• An offense under Section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony.

SB 1074
Author: R. West
Passed and Signed by Governor
Relating to reports and investigations of abuse and neglect in nursing facilities.

SB 1074 requires a nursing home owner or employee to report certain reports of abuse or neglect to the Texas Department of Human Services (DHS) and to law enforcement.  It also expands the conditions under which DHS is required to investigate reports of abuse or neglect within 24 hours to include allegations of certain sexual offenses and bodily injury, and enhances the interview and investigation processes related to abuse or neglect.  The bill was developed in response to a recent federal report released in October of 2002 by the Special Investigations Division of the Committee on Government Reform titled "Nursing Home Conditions in Texas: Many Nursing Homes Fail to Meet Federal Standards for Adequate Care”.  The report revealed that thirty-nine percent of Texas nursing homes (443 nursing homes) had a violation of federal quality care requirements that caused actual harm to nursing home residents, including dehydration, physical abuse, and sexual assault, or placed residents at risk of death or serious injury.  These 443 nursing homes serve 37,417 residents.

SB 1182
Author: Deuell
Passed and Signed by Governor
Relating to Local Planning by MHMR Authorities

Senate Bill 1182 amends, the Health and Safety Code to require local mental health or mental retardation authorities to develop a local service plan to maximize services by using the most cost effective means to meet the needs of the local communities according to the relative priority of those needs.  The bill would require the plans to be consistent with Health and Safety Codes that relate to administration and coordination of mental health and mental retardation services at the state and local levels and that relate to the long-range plan of the Texas Department of Mental Health and Mental Retardation (TDMHMR).  In developing the plans, local MHMR authorities would be required to solicit input from certain local community representatives, MHMR consumers and their families, and others.  The local plan would become the basis for the performance contract between the agency and local MHMR authority.  The bill would apply only to contracts executed between the agency and the local authorities on or after January 1, 2004.

SB 1549
Author: Nelson
Passed and Signed by Governor
Relating to requiring that certain individuals who provide nursing services in a nursing institution receive annual training in caring for people with dementia.

The minimum standards adopted by the TDHS Board under this section must require that each institution, as part of an existing training program, provide each registered nurse, licensed vocational nurse, nurse aide, and nursing assistant who provides nursing services in the institution at least one hour of training each year in caring for people with dementia.

SB 1862
Author: Bivins
Passed and Signed by Governor
Relating to health and human services.

Requires that TDHS impose a quality assurance fee on each facility for which a license fee must be paid under Section 252.034, on each facility owned by a community mental health and mental retardation center, as described by Subchapter A, Chapter 534, and on each facility owned by TDMHMR.