Highlights 77th Texas Legislature - Senate

HEALTH AND HUMAN
SERVICES
Care
ERVICES/Long-Term
77 th Texas Legislature
Amelioration of Nursing Home and Intermediate Care Facility Violations - S.B. 1376
by Senator Moncrief
House Sponsor: Representative Naishtat
Amelioration is an enforcement mechanism available to the Department of Human Services (DHS) as an
alternative to an administrative hearing to address a violation; however, DHS has only exercised this option
once in four years.
Authorizes the commissioner of human services (commissioner) or DHS as applicable, in lieu of demanding
payment of an administrative penalty, to allow the person to use any portion of the penalty to ameliorate the
violation or to improve services in the affected nursing home or intermediate care facility for the mentally
retarded (ICF-MR).
Requires DHS to offer amelioration to a person for a charged violation if DHS determines that the violation
does not constitute immediate jeopardy to the health and safety of a resident and prohibits DHS from
offering amelioration if DHS determines that the charged violation constitutes immediate jeopardy to a
resident.
Prohibits DHS from offering amelioration for a nursing home violation if the person has been charged with a
violation that is subject to the right to correction provisions.
Prohibits DHS from offering amelioration to a person more than one time in a two-year period for the same
or a similar violation or more than three times in a two-year period.
Omnibus Nursing Home Bill - S.B. 1839
by Senators Moncrief and Duncan
House Sponsors: Representative Eiland, et al.
Currently, the nursing home industry in Texas is facing a crisis. Liability insurance rates are rising quickly,
access and affordability of insurance is dwindling, and lawsuit settlements are increasing.
Sets forth provisions regarding quality of care, makes available liability insurance for all nursing homes, and
provides for an amelioration process.
Requires a court to report exemplary damages awarded against a nursing home or its employees, officers,
or agents, by notifying the Texas Department of Human Services (DHS). The fact that an exemplary award
was made against a nursing home will become part of the nursing home’s permanent record at the DHS.
States that the Texas Rules of Evidence will determine the admissibility of the documents and surveyor
testimony in civil trials.
Senate Research Center 134