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A BILL TO BE ENTITLED
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AN ACT
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relating to the amounts of administrative penalties assessed or |
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imposed against certain health facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (c), Section 241.059, Health |
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and Safety Code, are amended to read as follows: |
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(b) In determining the amount of the penalty, the |
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commissioner of health shall consider: |
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(1) the hospital's previous violations; |
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(2) the seriousness of the violation; |
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(3) any threat to the health, safety, or rights of the |
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hospital's patients; |
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(4) the demonstrated good faith of the hospital; [and] |
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(5) the effect of the penalty on the hospital's ability |
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to continue to provide services; and |
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(6) such other matters as justice may require. |
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(c) The penalty may not exceed $25,000 [$1,000] for each |
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violation, except that the penalty for a violation of Section |
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166.004 shall be $500. Each day of a continuing violation, other |
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than a violation of Section 166.004, may be considered a separate |
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violation. |
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SECTION 2. Subsection (c), Section 243.015, Health and |
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Safety Code, is amended to read as follows: |
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(c) The amount of the penalty may not exceed $25,000 |
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[$1,000] for each violation, and each day a violation continues or |
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occurs is a separate violation for purposes of imposing a penalty. |
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[The total amount of the penalty assessed for a violation
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continuing or occurring on separate days under this subsection may
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not exceed $5,000.] |
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SECTION 3. Subsection (b), Section 251.066, Health and |
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Safety Code, is amended to read as follows: |
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(b) The penalty may not exceed $25,000 [$1,000] for each |
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violation. Each day of a continuing violation constitutes a |
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separate violation. |
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SECTION 4. The changes in law made by this Act apply only to |
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the assessment or imposition of an administrative penalty under |
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Section 241.059, 243.015, or 251.066, Health and Safety Code, for a |
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violation that occurs on or after the effective date of this Act. |
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The assessment or imposition of an administrative penalty under |
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Section 241.059, 243.015, or 251.066, Health and Safety Code, for a |
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violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |