The Committee met to take up and consider the bills listed below.
SB 114 –Taylor, Relating to the applicability of adverse licensing, listing, or registration decisions by certain health and human services agencies.
- Providers with a history of harming patients for other types of facilities would not be allowed to practice at an abortion facility
- Abortion facilities are not currently included in the list of facilities
- Sen. Rodriguez asked if there was an incident or reason for the need for this bill
- Bill will be used as a prophylactic measure – provider eligibility data should be provided across agencies as a precautionary measure
Public Testimony
Susan Hayes, NARAL
- On the bill
- Issue with the singling out of abortion clinics – indicated general opposition of abortion by legislature
- Ambulatory centers, birthing centers, pediatric extended care facilities, etc. are not included in the bill
- Sen. Taylor noted two years ago that NARAL Deputy Legal Director Blake Cornish supported the idea of the bill last session
- Repeated legislation targeted at closing abortion clinics are unwarranted
Patrick Waldren, Department of Health and State Services
- Support the bill
- Sen. Rodriguez asked to describe current abortion facility licensing operations
- There is an application process that requires specific information, but there are no requirements to report revoked licenses – only anecdotal information provided
Bill left pending.
CSSB 133 – Schwertner, Relating to mental health first aid training for school district employees and school resources officers.
- Previously left pending in committee
- Reported favorably
SB 197 – Schwertner, Relating to the financial self-sufficiency of the Cancer Prevention and Research Institute of Texas
- Previously left pending in committee
- Reported favorably
SB 424, Schwertner, Relating to the licensing and regulation of hospitals in this state; increasing the amount of administrative penalties assessed or imposed against certain hospitals.
- Previously left pending in committee
- Capped at $5 million with initial funding comes from the Texas Insurance Premium Stabilization Fund
- Replaces the requirement that all hospitals be inspected by DSHS every three years
- Hospital penalties capped at $10,000 per day for rural hospitals with 75 hospital beds or less
- Sen. Rodriguez applauded the bill for providing compromise
- Committee substitute adopted by unanimous consent
- Reported favorably
SB 358 – West, Relating to student loan repayment assistance for certain employees of the
Department of Family and Protective Services.
- Turnover rate averaged up to 19 percent within DFPS
- Student loan repayment assistance up to $2,500 each year for four years – if funds not available, loans would be distributed to regions of Texas with the highest turnover rates
- Sen. Taylor recognized the turnover rate problem in state government – especially the dropout rate within 9 to fifteen months of employment – and asked if this model was best way to retain employees
- Sen. West noted overtime balances were over 960,000 hours for employees last May 2014
Public Testimony
Ashley Harris, Texans Care for Children
- Support the bill
- Case workers should not have to worry about their own well-being and stability regarding student loans while taking care of children at-risk
- Data suggests less children are in long-term foster care with increased number of case workers
Colleen McKinney, National Association of Social Workers
- Support the bill
- A competent and stable workforce is the greatest indication of a strong child protective system
- Average teacher in Texas earns more than $2,500 per year than an average social worker
- Sen. Taylor asked if the increased compensation for social workers had decreased turnover rates
- Sen. West recognized efforts have reduced turnover rates to some extent but quantitative data was not available
- Student loan repayment model is very efficient according to previous research – tax payer dollars are distributed at the end of the annual cycle
- Sen. Kolkhorst recognized the success of the incentive program put in place for rural physicians
Bill left pending.
SB 373 –West, Relating to increased oversight by the Department of State Health Services of hospitals that commit certain violations.
- Not all hospitals that committed violations received a follow-up visit for accountability
- There is a need for additional sanctions and oversight over DSHS
- Bill died in House Calendars last session for reasons unknown
Public Testimony
Anthony Thomas, Self
- Support the bill
- Identified violations at the hospital that oversaw his late mother’s health
Bill left pending.
SB 219 – Schwertner, Relating to the provision of health and human services in this state, including the powers and duties of the Health and Human Services Commission and other state agencies, and the licensing of certain health professionals; clarifying certain statutory provisions; authorizing the imposition of fees.
- Codes have not been updated in over twenty years – not a consolidation or HHSC Sunset Change
- Structural changes will help identify and lay the groundwork for substantive changes suggested by the Sunset Review
- TPPF and CPPP are in full support of the bill
Public Testimony
Steven Ogel, General Counsel, Sunset Commission
- Support the bill
- Bill has been drafted since October 2013
- Bills in the House chamber would be amended to include modifications set in current bill this session – roughly 47 current bills affected by legislation
- Sen. Kolkhorst asked if there were any substantive changes within the bill
- No substantive policy changes but not technically a recodification
John Davidson, Director, Center for Health Care Policy
- Support the bill
- Bill is limited in scope in addressing substantive structural reform – encourage clean statutory language
Anne Dunkelberg, Center for Public Policy Priorities
- Support the bill
- Sen. Perry asked if code would need to be undone if all of Sunset revisions do not go through
- Bill cleans up existing code and provides an accurate foundation of what Sunset can build on
Radhia Gleis, Dietician
- On the bill
- Noted dieticians were listed as licensed instead of registered – asked to include the words dietician and licensed dietician in bill
- Ogel noted the language related to dieticians were based on current approved legislation regarding these definitions and do not need to be changed
Peter McCarthy, Texas Health Freedom Coalition
- Agreed with Radhia Geis
Jeremy Neman, Texas Homeschool Coalition
- Opposition to the bill
- Bill neglects to acknowledge language involving temporary restraining orders for homeschooled children – CPS caseworkers do not have to provide direct evidence for threat without language
Harrison Heiner, Texas State Employee Union
- On the bill
- Oversight of advisory committees will be reduced with the implementation of statutory changes
- Changes could undermine attempts to ensure public accountability
Lee Spiller, Human Rights
- Agreed with concerns expressed by Texas Homeschool Coalition
Ken Levine, Sunset Advisory Commission
- Sen. Perry asked what latitude was given in the conversion from outdated to modern language if the bill is non-substantive – language must be in statute to be included in this bill
- Guidance in recently passed legislation was used in updating code
- Sen. Perry encouraged statutory language references to be included within bill
- Claim made by the Texas Homeschool Coalition is not valid considering the bill language was updated to include current legislation and standards remain the same
Bill left pending.
CSSB 97 – Hinojosa, Relating to regulation of the sale, distribution, possession, use, and advertising of vapor products; authorizing a fee; creating offenses.
- Bill previously left pending
- Page 1, Line 14 – nicotine or other substances distributed now have a much tighter definition
- Sen. Taylor noted the difference between cigarettes and vapor products and suggested for separate chapters distinguishing between the two
- Sen. Hinojosa stood behind the decision to include both products in one chapter
- Committee substitute adopted
- Reported favorably from committee
SB 304 – Schwertner, Relating to the abuse and neglect of residents of certain facilities.
- Require DADS to terminate a nursing home’s licensing agreement after committing three serious violations a nursing home can commit
- Legislation only targets repeated offenders on three separate instances – nursing home could only receive one strike for one review
- Would not create problems for existing quality providers – would only have terminated less than one half of one percent of the current nursing homes in Texas
Public Testimony
DADS Representative
Chairman Schwertner asked what is keeping DADS from revoking licenses from nursing homes that have repeated offenses – how many licenses are currently under review
Five or six – based on unanticipated facts
Chairman Schwertner asked what steps occur when a license is determined to be revoked
The facility has the option to turnover leadership to an alternative provider – DADS will assist residents in relocation if the facility no longer has a license
Sen. Taylor asked how soon a SOA hearing will take place once a case is established
Case would take at least several months to finalize decision on license
George Linial, Leading Age Texas
- Support the bill
- Inspections should be more subjective than objective criteria
Amanda Frederickson, AARP
- Support the bill
- Facilities require state licensing to receive Medicare and Medicaid dollars
Lee Miller, RN CHPN
- Support the bill
- Nursing homes that commit repeated offenses must be held accountable for their actions
Dr. Liam Fry, Texas Medical Directors Association
- Oppose the bill
- Survey process is very inconsistent and creates problematic opportunity for repeated strikes
- Supported the removal of IDR to promote greater consistency
- Chairman Schwertner noted strikes only apply to activities related to abuse and neglect
Jeff Chudley, Sage Brooke Health Centers
- Oppose the bill
- Inconsistent survey process needs to be evaluated
- Facilities need additional investment once they receive strikes for offenses – organizations would be less inclined to provide funding after receiving first offense
Ron Payne, Texas Health Care Association
- Oppose the bill
- IJ process does not promote collaboration that promotes quality change
- Sen. Taylor asked if there was a ready-made crisis management teams that could routinely come into failing nursing homes and provide assistance
- Yes, rapid response teams should be utilized to a greater extent
- Sen. Estes asked for clarification on departmental discretion
- Questioned what would happen if a facility with routine improvement experienced an irregular incident that qualified for a strike
- Sen. Kolkhorst asked for the longevity of the record for strikes
- Strikes are recorded without limitations
Bill left pending
SB 553 – Schwertner, Relating to the informal dispute resolution process for certain disputes between the Department of Aging and Disability Services and certain long-term care facilities.
- IDR process should be moved out of HHSC and contracted out to an independent third party the informal dispute process
- Certain facilities should not be allowed to continue to operate
- Sen Uresti asked if one nursing home was shut down it would become problematic – make sure that rural Texans are kept in mind where there are very limited facilities
- Purpose is to reinvigorate nursing home to conduct a quality operation and the ones that are in it for the money should be remove
- Sen. Perry agreed the IDR reform was necessary to avoid a one-sided perspective – noted how smooth the process was when a nursing home in his district was shut down
- Sen. Taylor suggested a trustee come into the picture after a nursing home receives its second strike
Bill left pending