House of Representatives

SB 1311

health care institutions; licensure

Sponsors: Senators Gerard and Nichols; Representative Binder

 

DPA

Committee on Health

W/D

Committee on Appropriations

DPA

Caucus and COW

 

X

As Transmitted To The Governor

 

SB 1311 makes numerous changes to health care licensure statutes under the Department of Health Services (DHS) and establishes specific criteria for issuing penalties to health care institutions.

 

History

The Office of the Auditor General (OAG) conducted an audit of DHS in 1998 that noted "the Division has not taken sufficient action when facilities have histories of noncompliance with licensing rules."  In its recommendations to DHS, the OAG determined that it was necessary for DHS to raise civil fine amounts, post the availability of regulatory information in an area readily accessible to all consumers and use civil fine monies for programs that improve the quality of care. 

 

Provisions

·                      Makes all fees associated with obtaining a license nonrefundable.

·                      Prescribes initial and renewal license fees for adult foster care institutions, and exempts any facility operated by a state agency as well as adult foster care residential settings from those fees.

·                      Requires a licensee to keep inspection reports at the institution and post a notice indicating where the inspection reports are kept and available for review.

·                      Changes the cap on a civil penalty from $300 to $500. 

·                      Allows the department to consider the following circumstances when determining civil penalties:

¾       Repeated violations.

¾       Noncompliance patterns.

¾       The type and severity of violations.

¾       Potential for and occurrences of harm.

¾       Health and safety threats.

¾       Number of persons affected and actual violations.

¾       Size of the facility and length of time for which the violations have occurred.

·                      Defines "licensed capacity" as the total number of persons that receive services from a health care institution authorized by DHS.

·                      Requires DHS to deposit civil penalties into the general fund.

·                      Makes technical and conforming changes.

 

 

 

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44th Legislature                                                                                                                                

Second Regular Session                               2                                                              May 8, 2001

 

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