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Highlights 77th Texas Legislature - Senate

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HEALTH AND HUMAN<br />

SERVICES<br />

Care<br />

ERVICES/Long-Term<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

Requires DHS to offer amelioration to a facility when the violation is not immediate jeopardy. Amelioration<br />

allows the facility to take the penalty money otherwise paid to DHS and use it to improve the quality of care<br />

and services to the residents.<br />

Calls for a quality assurance fee to be assessed on ICF/MR facilities, initially on a per bed per day basis on<br />

occupied beds. The money collected for this fee will be matched with federal dollars and returned to the<br />

ICF/MR facilities. This section sunsets in 2005.<br />

Requires the HHSC to ensure that the rules governing rates improve the quality of care through incentives<br />

for direct care staffing, wages, and benefits.<br />

Nonprofit Entities that Provide Long-Term Care or Health Benefit Plans - H.B. 393<br />

by Representatives Maxey and Kitchen<br />

<strong>Senate</strong> Sponsor: Senator Ellis<br />

Nonprofit health care providers have historically served the needs of their community, including the needs<br />

of uninsured individuals in the community. Access to high quality, affordable health care is a continuing<br />

need in a state with over four million uninsured individuals and millions more individuals who do not have<br />

adequate insurance. Changes in the health care market have caused a substantial number of nonprofit<br />

health care providers and nonprofit health benefit plan providers to establish new ventures, affecting<br />

hundreds of millions of charitable dollars.<br />

Establishes certain duties and notification criteria for a nonprofit provider when restructuring, transferring, or<br />

closing its facility.<br />

Establishes the criteria that a nonprofit is assessed its fair market value and gross revenue receipts.<br />

Provides that a nonprofit provider is a health care system, and each licensed hospital in that system is a<br />

nonprofit provider.<br />

Protection from Nursing Home or Intermediate Care Facility Retaliation - H.B. 482<br />

by Representative Naishtat<br />

<strong>Senate</strong> Sponsor: Senator Zaffirini<br />

The 76th <strong>Legislature</strong> passed legislation protecting contract employees and volunteers from retaliation for<br />

making complaints against a nursing home facility.<br />

Extends the protection from retaliation to family members and guardians of residents in nursing home<br />

facilities and to volunteers in intermediate care facilities and family members and guardians of residents in<br />

intermediate care facilities.<br />

<strong>Senate</strong> Research Center 136

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