bill making nursing home dispute decisions final

The text as introduced · 478 words

2025S0125-1 02/21/25

By: Perry
S.B. No. 2269

A BILL TO BE ENTITLED

AN ACT

relating to dispute resolution for and enforcement actions against

certain long-term care facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 526.0202, Government Code, as effective

April 1, 2025, is amended by adding Subsection (b-1) to read as

follows:

(b-1) A decision under the informal dispute resolution

process by the contracting person adjudicating a dispute between

the commission and a facility described by Subsection (b) is

binding and may not be overturned by the commission.

SECTION 2. Section 242.002, Health and Safety Code, is

amended by adding Subdivision (13) to read as follows:

(13) "Retaliate" means an adverse action by the

commission in response to a good faith action by a nursing facility

responding to a commission decision negatively affecting the

nursing facility.

SECTION 3. Section 242.070, Health and Safety Code, is

amended to read as follows:

Sec. 242.070. APPLICATION OF OTHER LAW. (a) The commission

[ department ] may not assess more than one monetary penalty under

this chapter and Chapter 32, Human Resources Code, for a violation

arising out of the same act or failure to act, except as provided by

Section 242.0665(c). The commission [ department ] may assess the

greater of a monetary penalty under this chapter or a monetary

penalty under Chapter 32, Human Resources Code, for the same act or

failure to act.

(b) The commission may not impose an administrative penalty

under this chapter and Chapter 32, Human Resources Code, against a

nursing facility for a violation arising out of the same act or

failure to act that is the subject of:

(1) a penalty imposed by the Centers for Medicare and

Medicaid Services under 42 C.F.R. Section 488.408 against the

facility; or

(2) a penalty the facility appeals under 42 C.F.R.

Part 498 before the facility exhausts all rights of appeal if:

(A) the federal requirement is the same or

substantially similar to a requirement in this chapter or Chapter

32, Human Resources Code; and

(B) Subdivision (1) does not apply.

SECTION 4. Subchapter C, Chapter 242, Health and Safety

Code, is amended by adding Section 242.075 to read as follows:

Sec. 242.075. PROHIBITED RETALIATION. The commission may

not retaliate against a nursing facility in response to the

facility in good faith appealing a commission decision or filing

another action to counter a commission action against the facility.

SECTION 5. The changes in law made by this Act apply only to

a violation that occurs on or after the effective date of this Act.

A violation that occurs before the effective date of this Act is

governed by the law as it existed immediately before the effective

date of this Act, and that law is continued in effect for that

purpose.

SECTION 6. This Act takes effect September 1, 2025.