Article
Because of rising medical costs, high insurance rates due to frequent litigation, and in some cases poor business decisions, many nursing homes are facing bankruptcy. The 77th Legislature has passed legislation to address availability of facilities, quality of care and availability of insurance.
Senate Bill 1839 creates the Long-term Care Facility Improvement Act. In SB 1839, all nursing homes will be required to provide liability insurance coverage annually in the minimum amount of $1 million per occurrence and $3 million aggregate. A controversial "bed tax" to be paid by the residents was removed from this bill. The mandatory liability insurance clause becomes effective September 1, 2003.
Quality of care will be improved beginning immediately by providing incentives for increasing direct care staff and direct care wages and benefits.
An early warning system to detect conditions that could be detrimental to the health, safety, and welfare of nursing home residents is established. Specially trained rapid response teams composed of health care experts will visit sites identified through the early warning system. Priority for regular monitoring visits by the Department of Human Services staff will be given to facilities with a history of deficiencies.
If a nursing home is found to be in violation, SB 1839 allows the fine assessed for a violation to be used to correct the situation that was out of compliance, if the violation does not constitute immediate jeopardy to the resident. This is called amelioration of violation. The fine money is to be used to improve the quality of care and services to the residents. The new law requires the nursing home to file a plan with the State proposing changes to the management or operation of the facility that will improve services and quality of care of residents; establish clear goals to be achieved through the proposed changes; establish a timeline for implementing the proposed changes; and identify specific actions necessary to implement the proposed changes. If a nursing home has been in violation more than three times in a two-year period or more than one time in a two-year period for the same violation, this option would not be available.
State Representative Ron Clark
P.O. Box 2910
Austin, TX 78768-2910
(903) 893-9426 * (512) 463-0474
(512) 475-3767 (fax)
ron.clark@house.state.tx.us
http://www.grayson.edu/district62/RonClark.html
Gallery