By: Hinojosa, et al.	S.B. No. 204
	(In the Senate - Filed March 5, 2015; March 9, 2015, read
	first time and referred to Committee on Health and Human Services;
	April 7, 2015, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 9, Nays 0; April 7, 2015,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 204	By:  Schwertner

	A BILL TO BE ENTITLED
	AN ACT
	relating to the functions and operations of the Department of Aging
	and Disability Services; increasing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 142, Health and Safety
	Code, is amended by adding Section 142.0125 to read as follows:
	Sec. 142.0125.  PROGRESSIVE SANCTIONS.  (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	a home and community support services agency has committed repeated
	violations or has engaged in a pattern of repeated violations, such
	as repeated violations found in consecutive regular inspections.
	SECTION 2.  Sections 142.017(b) and (j), Health and Safety
	Code, are amended to read as follows:
	(b)  The penalty shall be not less than $100 or more than
	$5,000 [$1,000] for each violation. Each day of a violation that
	occurs before the day on which the person receives written notice of
	the violation from the department does not constitute a separate
	violation and shall be considered to be one violation. Each day of
	a continuing violation that occurs after the day on which the person
	receives written notice of the violation from the department
	constitutes a separate violation.
	(j)  The executive commissioner by rule shall define the
	types of minor violations an agency may correct under Subsection
	(e) before the department may assess an administrative penalty.
	The executive commissioner shall ensure that all other violations
	are not subject to a right to correct [The department may assess an
	administrative penalty without providing a reasonable period of
	time to the agency to correct the violation if the violation:
	[(1)  results in serious harm or death;
	[(2)  constitutes a serious threat to health or safety;
	[(3)     substantially limits the agency's capacity to
	provide care;
	[(4)  is a violation in which a person:
	[(A)     makes a false statement, that the person
	knows or should know is false, of a material fact:
	[(i)     on an application for issuance or
	renewal of a license or in an attachment to the application; or
	[(ii)     with respect to a matter under
	investigation by the department;
	[(B)     refuses to allow a representative of the
	department to inspect a book, record, or file required to be
	maintained by an agency;
	[(C)     wilfully interferes with the work of a
	representative of the department or the enforcement of this
	chapter;
	[(D)     wilfully interferes with a representative
	of the department preserving evidence of a violation of this
	chapter or a rule, standard, or order adopted or license issued
	under this chapter;
	[(E)     fails to pay a penalty assessed by the
	department under this chapter not later than the 10th day after the
	date the assessment of the penalty becomes final; or
	[(F)  fails to submit:
	[(i)     a plan of correction not later than the
	10th day after the date the person receives a statement of licensing
	violations; or
	[(ii)     an acceptable plan of correction not
	later than the 30th day after the date the person receives
	notification from the department that the previously submitted plan
	of correction is not acceptable;
	[(5)  is a violation of Section 142.0145; or
	[(6)     involves the rights of the elderly under Chapter
	102, Human Resources Code].
	SECTION 3.  Section 242.061, Health and Safety Code, is
	amended by adding Subsections (c-1), (c-2), and (e) to read as
	follows:
	(c-1)  The department shall revoke the license of an
	institution that violates this chapter or a rule, standard, or
	order adopted or license issued under this chapter in a manner that
	causes immediate jeopardy to health and safety on three separate
	days within a 24-month period.
	(c-2)  In the case of revocation of a license under
	Subsection (c-1), to ensure the health and safety of residents of
	the institution, the department may:
	(1)  request the appointment of a trustee to operate
	the institution under Subchapter D;
	(2)  obtain a new operator for the institution; or
	(3)  assist with the relocation of residents to another
	institution.
	(e)  In this section, "immediate jeopardy to health and
	safety" means a situation in which immediate corrective action is
	necessary because the institution's noncompliance with one or more
	requirements has caused, or is likely to cause, serious injury,
	harm, impairment, or death to a resident receiving care in the
	institution.
	SECTION 4.  Subchapter C, Chapter 242, Health and Safety
	Code, is amended by adding Section 242.0613 to read as follows:
	Sec. 242.0613.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	a facility has committed repeated violations or has engaged in a
	pattern of repeated violations, such as repeated violations found
	in consecutive regular inspections.
	SECTION 5.  Section 242.0665(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The executive commissioner by rule shall define types of
	minor violations a facility may correct under Subsection (a) before
	the department may assess an administrative penalty. The executive
	commissioner shall ensure that all other violations are not subject
	to a right to correct [Subsection (a) does not apply:
	[(1)  to a violation that the department determines:
	[(A)     results in serious harm to or death of a
	resident;
	[(B)     constitutes a serious threat to the health
	or safety of a resident; or
	[(C)     substantially limits the institution's
	capacity to provide care;
	[(2)     to a violation described by Sections
	242.066(a)(2)-(7);
	[(3)     to a violation of Section 260A.014 or 260A.015;
	or
	[(4)     to a violation of a right of a resident adopted
	under Subchapter L].
	SECTION 6.  Subchapter C, Chapter 247, Health and Safety
	Code, is amended by adding Section 247.0415 to read as follows:
	Sec. 247.0415.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	an assisted living facility has committed repeated violations or
	has engaged in a pattern of repeated violations, such as repeated
	violations found in consecutive regular inspections.
	SECTION 7.  Section 247.0451(b), Health and Safety Code, is
	amended to read as follows:
	(b)  Except as provided by Section 247.0452(c), the penalty
	may not exceed $5,000 [$1,000] for each violation.  Each day a
	violation occurs or continues is a separate violation for purposes
	of imposing a penalty.
	SECTION 8.  Section 247.0452(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The executive commissioner by rule shall define the
	types of minor violations an assisted living facility may correct
	under Subsection (a) before the department may assess an
	administrative penalty. The executive commissioner shall ensure
	that all other violations are not subject to a right to
	correct [Subsection (a) does not apply:
	[(1)     to a violation that the department determines
	results in serious harm to or death of a resident;
	[(2)     to a violation described by Sections
	247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
	[(3)  to a second or subsequent violation of:
	[(A)     a right of the same resident under Section
	247.064; or
	[(B)     the same right of all residents under
	Section 247.064; or
	[(4)     to a violation described by Section 247.066,
	which contains its own right to correct provisions].
	SECTION 9.  Subchapter C, Chapter 252, Health and Safety
	Code, is amended by adding Section 252.0615 to read as follows:
	Sec. 252.0615.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	a facility has committed repeated violations or has engaged in a
	pattern of repeated violations, such as repeated violations found
	in consecutive regular inspections.
	SECTION 10.  Section 252.065, Health and Safety Code, is
	amended by amending Subsection (b) and Subsection (e), as amended
	by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, to
	read as follows:
	(b)  The penalty for a facility with fewer than 60 beds shall
	be not less than $100 or more than $1,000 for each violation. The
	penalty for a facility with 60 beds or more shall be not less than
	$100 or more than $5,000 for each violation. [The total amount of
	the penalty assessed for a violation continuing or occurring on
	separate days under this subsection may not exceed $5,000 for a
	facility with fewer than 60 beds or $25,000 for a facility with 60
	beds or more.] Each day a violation occurs or continues is a
	separate violation for purposes of imposing a penalty.
	(e)  The executive commissioner by rule shall provide the
	facility with a reasonable period of time, not less than 45 days,
	following the first day of a violation to correct the violation
	before the department may assess an administrative penalty if a
	plan of correction has been implemented. The executive
	commissioner by rule shall define the types of minor violations a
	facility may correct before the department may assess an
	administrative penalty. The executive commissioner shall ensure
	that all other violations are not subject to a right to correct
	[This subsection does not apply to a violation described by
	Subsections (a)(2)-(8) or to a violation that the department
	determines:
	[(1)     has resulted in serious harm to or the death of a
	resident;
	[(2)     constitutes a serious threat to the health or
	safety of a resident; or
	[(3)     substantially limits the institution's capacity
	to provide care].
	SECTION 11.  Subchapter B, Chapter 533A, Health and Safety
	Code, as added by S.B. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended by adding Section 533A.044 to read as
	follows:
	Sec. 533A.044.  CRISIS INTERVENTION TEAMS. (a)  In this
	section, "crisis intervention team" means a team of individuals
	specially trained to provide services and support to persons with
	an intellectual or developmental disability who have behavioral
	health needs and who are at risk of institutionalization.
	(b)  The department shall evaluate the effectiveness of
	various models of crisis intervention teams that are funded under a
	waiver under Section 1115 of the federal Social Security Act (42
	U.S.C. Section 1315) and operated by a local intellectual and
	developmental disability authority.
	(c)  Not later than March 1, 2016, the department shall
	select for implementation one or more models for crisis
	intervention teams the department determines best provide
	comprehensive, cost-effective support.
	(d)  The department shall determine the areas in this state
	in which local intellectual and developmental disability
	authorities do not operate crisis intervention teams and, subject
	to available funding, shall implement in each area a team that
	operates in accordance with a model selected for implementation
	under this section.
	SECTION 12.  Chapter 555, Health and Safety Code, is amended
	by adding Subchapter F to read as follows:
	SUBCHAPTER F.  STATE SUPPORTED LIVING CENTER RESTRUCTURING AND
	CLOSURES
	Sec. 555.201.  STATE SUPPORTED LIVING CENTER RESTRUCTURING
	COMMISSION. (a)  In this subchapter, "restructuring commission"
	means the state supported living center restructuring commission.
	(b)  The restructuring commission consists of five members
	appointed by the governor and the following three nonvoting ex
	officio members:
	(1)  the executive commissioner or the executive
	commissioner's designee;
	(2)  the executive director of the Texas Facilities
	Commission or the executive director's designee; and
	(3)  the commissioner of the General Land Office or the
	commissioner's designee.
	(c)  The restructuring commission is established to evaluate
	each state supported living center in the state to determine
	whether closure of the center is recommended to maintain only the
	number of centers necessary to meet the level of need in the state.
	In evaluating each state supported living center, the restructuring
	commission shall consider:
	(1)  the quality of services provided by the center,
	including the center's most recent certification inspections and
	the center's ability to meet the minimum ICF-IID standards;
	(2)  the costs of operating the center;
	(3)  the center's compliance with the 2009 settlement
	agreement between the department and the United States Department
	of Justice regarding services provided to individuals with an
	intellectual or developmental disability in state-operated
	facilities;
	(4)  the availability of community service providers in
	the area served by the center;
	(5)  the specialty services provided at the center,
	including the ability of the center to serve alleged offenders or
	high-risk residents;
	(6)  the availability of employment opportunities for
	center employees if the center closes;
	(7)  any infrastructure deficiency costs relating to
	the center;
	(8)  the property value of, the market demand for, and
	any deed restrictions applicable to property and facilities of the
	center;
	(9)  whether closure of the center would adversely
	affect the geographic distribution of centers in the state;
	(10)  the availability and capacity of service
	providers and resources in the community capable of delivering the
	quality and level of care each resident of the center would require
	following the center's closure; and
	(11)  any other criteria the restructuring commission
	considers appropriate.
	(d)  Not later than December 1, 2016, the restructuring
	commission shall submit to the governor, the lieutenant governor,
	the speaker of the house of representatives, and the presiding
	officers of the standing committees of the senate and house of
	representatives having primary jurisdiction over intellectual and
	developmental disability issues a report detailing the
	restructuring commission's evaluation of each state supported
	living center and, if applicable, proposing the closure of certain
	centers.
	(e)  The restructuring commission is abolished and this
	section expires January 1, 2017.
	Sec. 555.202.  RECOMMENDED CLOSURES OF STATE SUPPORTED
	LIVING CENTERS. (a)  If the restructuring commission proposes the
	closure of one or more state supported living centers, the 85th
	Legislature shall consider legislation proposing the closure of the
	centers recommended for closure. In considering the proposed
	legislation described by this subsection, members of the
	legislature may not propose amendments to the legislation.
	(b)  If the legislation described by Subsection (a) is
	enacted and becomes law, the department shall ensure that each
	state supported living center approved by the legislature for
	closure under Subsection (a) is closed not later than August 31,
	2025.
	(c)  This subchapter expires September 1, 2025.
	Sec. 555.203.  CLOSURE OF AUSTIN STATE SUPPORTED LIVING
	CENTER. (a)  The department shall establish a closure plan for the
	Austin State Supported Living Center. The plan must provide for
	closure of the facility and operations of the Austin State
	Supported Living Center not later than August 31, 2017.
	(b)  The closure plan must provide procedures to transition
	to the community each resident for whom transition to the community
	is practicable while maintaining respect for resident choice.
	(c)  The department may award one-time retention bonuses to
	each direct support professional, qualified intellectual
	disability professional, social worker, and case manager who agrees
	to continue to provide services at the Austin State Supported
	Living Center until the center is closed.
	(d)  The proceeds from the closure, including from the sale
	or lease of facilities or other property, may be appropriated only
	for services for persons with an intellectual or developmental
	disability, including persons with a dual diagnosis of an
	intellectual or developmental disability and mental illness.
	(e)  Not later than August 31, 2018, the department shall
	evaluate the closure process, including how well the closure plan
	worked, and, if appropriate, establish policies for improving the
	closure process for future closures of other state supported living
	centers.
	(f)  This section expires September 1, 2018.
	SECTION 13.  Section 531.0318, Government Code, is amended
	by adding Subsections (b-1), (d), and (e) to read as follows:
	(b-1)  The information for consumers required by this
	section must include for each provider of long-term care services:
	(1)  a rating assigned by the Department of Aging and
	Disability Services indicating the quality of the care provided or,
	alternatively, a link to a rating assigned a provider on an Internet
	website maintained by the federal government;
	(2)  information concerning quality of care, as that
	information becomes available;
	(3)  staffing information, if available, including for
	each year the number of staff members who began employment with the
	provider during that year and the number of staff members who ceased
	employment with the provider during that year;
	(4)  the ratio of staff members to residents; and
	(5)  the provider's regulatory performance, as
	available.
	(d)  The Department of Aging and Disability Services shall
	immediately post notice on the department's Internet website when a
	provider of long-term care services loses its Medicaid
	certification.
	(e)  The Department of Aging and Disability Services shall
	periodically solicit input regarding the content of the information
	required under this section and the usability and accessibility of
	the website on which the information is located from consumers,
	consumer advocates, long-term care services providers, and the
	general public.
	SECTION 14.  Subchapter D, Chapter 48, Human Resources Code,
	is amended by adding Section 48.15221 to read as follows:
	Sec. 48.15221.  REPORTS CONCERNING DAY HABILITATION
	SERVICES PROVIDERS. (a)  In this section, "day habilitation
	services" and "day habilitation services provider" have the
	meanings assigned by Section 161.401.
	(b)  The department shall prepare and submit to the
	Department of Aging and Disability Services an annual report of the
	number of investigations arising from a report of abuse, neglect,
	or exploitation of a person with an intellectual or developmental
	disability that was allegedly committed by or on the premises of a
	day habilitation services provider, and whether the investigation
	concluded that the report of alleged abuse, neglect, or
	exploitation was confirmed, unconfirmed, inconclusive, or
	unfounded.
	(c)  The duty to prepare and submit a report under Subsection
	(b) does not affect the duty of the department to investigate and
	hold accountable a community-based intellectual and developmental
	disabilities services provider or intermediate care facility for
	any abuse, neglect, or exploitation of a person who receives day
	habilitation services from the provider.
	SECTION 15.  Chapter 103, Human Resources Code, is amended
	by adding Section 103.0085 to read as follows:
	Sec. 103.0085.  PROGRESSIVE SANCTIONS. (a)  The executive
	commissioner by rule shall create a matrix of progressive sanctions
	that the department must use to assess penalty amounts and impose
	disciplinary actions under this chapter appropriately and fairly
	for a violation of a law, rule, standard, or order adopted or
	license issued under this chapter or for a violation of other law
	for which this chapter provides a sanction.
	(b)  The matrix of progressive sanctions adopted under this
	section must provide for increases in amounts of administrative
	penalties based on type, frequency, and seriousness of violations
	and must provide guidance for determining appropriate and graduated
	administrative penalties to assess under this chapter to deter
	future violations, including guidance on considering the factors
	listed in this chapter for determining the amount of a penalty.
	(c)  The matrix of progressive sanctions adopted under this
	section must provide for imposing stronger sanctions, including
	license suspension or revocation, for more serious violations or
	for repeated violations as appropriate to deter future serious or
	repeated violations. The matrix of progressive sanctions must
	describe appropriate time frames to be used in determining whether
	an adult day-care facility has committed repeated violations or has
	engaged in a pattern of repeated violations, such as repeated
	violations found in consecutive regular inspections.
	SECTION 16.  Section 103.013(b), Human Resources Code, is
	amended to read as follows:
	(b)  The executive commissioner by rule shall define the
	types of minor violations an adult day-care facility may correct
	under Subsection (a) before the department may assess an
	administrative penalty. The executive commissioner shall ensure
	that all other violations are not subject to a right to correct
	[Subsection (a) does not apply to:
	[(1)  a violation that the department determines:
	[(A)     results in serious harm to or death of a
	person attending the facility;
	[(B)     constitutes a serious threat to the health
	and safety of a person attending the facility; or
	[(C)     substantially limits the facility's
	capacity to provide care;
	[(2)     a violation described by Sections
	103.012(a)(2)-(7); or
	[(3)  a violation of Section 103.011].
	SECTION 17.  Section 161.080, Human Resources Code, is
	amended by adding Subsection (c) to read as follows:
	(c)  The executive commissioner by rule shall establish a
	list of services a state supported living center may provide under a
	contract described by Subsection (a) and a schedule of fees the
	state supported living center may charge for those services. In
	establishing the schedule of fees for services, the executive
	commissioner shall use the reimbursement rate for the applicable
	service under the Medicaid program or modify that rate with a
	written justification for the modification.
	SECTION 18.  Chapter 161, Human Resources Code, is amended
	by adding Subchapter J to read as follows:
	SUBCHAPTER J. POWERS AND DUTIES RELATING TO DAY HABILITATION
	SERVICES PROVIDERS
	Sec. 161.401.  DEFINITIONS. In this subchapter:
	(1)  "Day habilitation services" means services to
	assist persons with an intellectual or developmental disability in
	acquiring, retaining, and improving the self-help, socialization,
	and adaptive skills necessary to reside successfully in the
	community, including prevocational, educational, and supported
	employment services.
	(2)  "Day habilitation services provider" means a
	person who contracts with a community-based intellectual and
	developmental disabilities services provider or intermediate care
	facility to provide federally funded Medicaid day habilitation
	services authorized under Section 1915(c) of the federal Social
	Security Act (42 U.S.C. Section 1396n(c)).
	Sec. 161.402.  DAY HABILITATION SERVICES PROVIDER
	INFORMATION TRACKING. (a)  Each community-based intellectual and
	developmental disabilities services provider and intermediate care
	facility shall annually submit to the department a report
	providing:
	(1)  an estimate of the number of clients receiving day
	habilitation services for each month of that year;
	(2)  the physical address of each day habilitation
	services provider that provided those services;
	(3)  the services provided to those clients; and
	(4)  an estimate of monthly expenditures for the
	provision of those services to those clients.
	(b)  The department shall maintain information obtained
	during a department inspection of a day habilitation services
	provider concerning conduct or conditions that would constitute a
	violation of federal or state law or of department rules applicable
	to the community-based intellectual and developmental disabilities
	services provider or intermediate care facility with which the day
	habilitation services provider contracts.
	(c)  The department shall maintain information concerning an
	investigation of abuse, neglect, or exploitation concerning a day
	habilitation services provider that the department receives from
	the Department of Family and Protective Services under Section
	48.15221.
	Sec. 161.403.  DAY HABILITATION PROGRAM ADVISORY COMMITTEE.
	(a)  Not later than September 1, 2015, the department shall
	establish a day habilitation program advisory committee composed of
	members that represent community-based waiver providers, owners of
	day habilitation services providers, and advocates for persons with
	an intellectual or developmental disability.
	(b)  The day habilitation program advisory committee shall
	consider and make recommendations concerning whether the provision
	of day habilitation services in this state should be redesigned and
	whether day habilitation services providers should be subject to
	regulation, including by licensure or certification.
	(c)  In considering the redesign of the provision of day
	habilitation services in this state, the day habilitation program
	advisory committee shall examine whether day habilitation service
	providers currently comply with the requirements of 42 C.F.R.
	Section 441.301.
	(d)  The day habilitation program advisory committee shall
	also consider and make recommendations concerning issues relevant
	to the provision of day habilitation services, including the
	appropriate funding for services, reimbursable settings and
	services, staff-to-client ratio requirements, safety requirements,
	and other required or applicable standards.
	(e)  Not later than September 1, 2016, the day habilitation
	program advisory committee shall submit to the governor, the
	lieutenant governor, the speaker of the house of representatives,
	and the presiding officers of the standing committees of the senate
	and house of representatives having primary jurisdiction over
	intellectual and developmental disability issues a report
	containing the committee's recommendations concerning the redesign
	of the provision of day habilitation services in this state and the
	necessity for regulation, licensure, or certification of day
	habilitation services providers.
	(f)  The day habilitation program advisory committee is
	abolished and this section expires December 31, 2016.
	SECTION 19.  Section 101A.158, Human Resources Code, as
	added by S.B. 219, Acts of the 84th Legislature, Regular Session,
	2015, is repealed.
	SECTION 20.  (a)  Not later than September 1, 2016, the
	executive commissioner of the Health and Human Services Commission
	shall adopt by rule the matrices of progressive sanctions required
	by Sections 142.0125, 242.0613, 247.0415, and 252.0615, Health and
	Safety Code, and Section 103.0085, Human Resources Code, as added
	by this Act.
	(b)  Not later than September 1, 2015, the governor shall
	appoint five members of the state supported living center
	restructuring commission, as required by Section 555.201, Health
	and Safety Code, as added by this Act.
	(c)  Not later than September 1, 2016, the executive
	commissioner of the Health and Human Services Commission shall
	adopt the rule listing services a state supported living center may
	provide under a contract and the schedule of fees for those services
	as required by Section 161.080, Human Resources Code, as amended by
	this Act.
	SECTION 21.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2015.
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