Senate Committee Health and Human Services Takes Up Legislation

The Senate Committee on Health and Human Services took up 13 bills that were unanimously approved last session by the committee but died in the backlog of Calendars. Every bill without a negative fiscal impact passed with recommendation to the full Senate and moved to Local and Consent, and no public testimony was given in opposition to any of the bills heard.

The next hearing will be March first due to the number of Appropriations hearings in the next week and a half. The next batch of bills to be considered will come from the interim studies.

     SB 41 Zaffirini           

• Use of restraints in state supported living centers
  • A person may not administer mechanical or physical restraints to a resident of a state supported living center pursuant to a standing order to administer restraints on an as-needed basis. DUTY TO REPORT. A state supported living center shall report to the executive commissioner each incident in which a physical or mechanical restraint is administered to a resident of a state supported living center.

     SB 44 Zaffirini           

• Detention and transportation of a person with a mental illness
  • The bill would allow detention in a jail or nonmedical facility if a medical facility or other suitable facility is not available or accessible. Other factors are associated with developing an accurate fiscal impact, including the number of transports each year; availability of beds in nearby state facilities; transportation costs if a local bed is not available; overtime, meals and lodging costs during transport; and overtime for officers taking over the duties of the personnel involved in transportation.

     SB 55 Zaffirini           

• Administration of psychoactive medications
  • The bill would add the right to refuse psychoactive medication and would require consent for the administration of psychoactive medications to persons receiving services in certain residential care facilities operated by the Department of Aging and Disability Services, the Department of State Health Services, and community centers
  • Estimated Two-year Net Impact to General Revenue Related Funds for SB55, As Introduced: a negative impact of ($282,511) through the biennium ending August 31, 2013.
  • PENDING due to negative fiscal impact

     SB 76 Nelson           

• Providers of subsidized child care
  • Requires DFPS to use the standards that apply in conducting background and criminal history checks under Section 42.056 (Required Background and Criminal History Checks; Criminal Penalties), Human Resources Code, for listed or registered family home providers in determining whether to preclude an individual providing unregulated self-arranged child care.
  • Fiscal Note: The FTE would cost $51,460 in FY2012, $45,608 in FY2013, $45,726 in FY2014, $45,846 in FY2015, and $45,970 in FY2016 . It is assumed that $17.25 will expended on the federal background check requirement and that DPS will retain $2.00 as an administrative fee and revenue gain. DPS will also experience a minimal revenue loss as a result of the loss of the $1 pass through from the $20 application fee to become a Listed Family Home.
  • Committee Substitute adopted that eliminates mandatory fingerprinting
  • PENDING due to negative fiscal impact

     SB 78 Nelson            

• Relating to adverse licensing, listing, or registration decisions by certain health and human services agencies
  • Requires a health and human services agency to share information about adverse licensing decisions with other health and human services agencies and authorizes a health and human services agency to deny an applicant’s initial or renewal application under certain conditions.
  • Committee substitute adopted in attempt to reduce fiscal note
  • PENDING due to negative fiscal impact

     SB 81 Nelson           

• Relating to food manufacturers, food wholesalers, and warehouse operators required to hold a license
  • Closes the loophole in the Texas Health and Safety Code that exempts fresh produce wholesalers from Department of State Health Services (DSHS) licensing requirements and regulatory authority.

     SB 156 Huffman         

• Health care data collected by DSHS
  • The bill would allow the Department of State Health Services (DSHS) to disclose any data collected under the purview of the former Health Care Information Council and not included in public use data to any program within DSHS if it is reviewed and approved by the institutional review board.
  • Committee substitute adopted that expands access of health care data to HHSC and other health care related agencies

     SB 187 Nelson             

• Relating to human body and anatomical specimen donation
  • The bill relates to human body and anatomical specimen donation. It requires the Anatomical Board of the States of Texas (Board) to develop an informed consent document to inform a potential living donor or a person making a gift of a decedent s body or anatomical specimen of the risks and benefits associated with donation.

     SB  189 Nelson            

• Relating to the eligibility of certain aliens for a license to practice medicine in this state
  • The bill would amend the Occupations Code relating to the eligibility of certain aliens for a license to practice medicine in this state. Based on the analysis of the Texas Medical Board, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. No fiscal implication to units of local government is anticipated.

     SB  221 Nelson             

• Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.
  • The bill would make a number of clarifying changes to areas of statute governing Adult Protective Services. The Department of Family and Protective Services indicates they would be able to absorb any costs within existing resources. The bill would increase from a Class B misdemeanor to a Class A misdemeanor the punishment for the offense of intentionally reporting false information under Chapter 48, Human Resources Code.

     SB  240 Huffman          

• Relating to examination requirements for certain applicants for a license to practice medicine
  • The bill would amend the Occupations Code relating to the examination requirements for certain applicants for license to practice medicine. Based on the analysis of the Texas Medical Board, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. No fiscal implication to
    units of local government is anticipated.

     SB  304 Nichols            

• Relating to employment services programs for certain residents receiving services from public hospitals or hospital districts
  • The bill would amend the Health and Safety Code to permit a public hospital or hospital district to establish procedures consistent with those used by the Health and Human Services Commission under Chapter 31, Human Resources Code, for administering an employment services program and requiring an applicant or eligible resident to register for work with the Texas Workforce Commission.

     SB  436 Nelson             

• Relating to the authority of a county to inspect day-care centers and group day-care homes
  • This bill authorizes a county health officer in a county with a population of 700,000 or more to contract with a municipality for the county to conduct inspections of day-care centers and group day-care homes located in the municipality.