FORTY-SIXTH LEGISLATURE

FIRST SESSION, 2003





March 15, 2003





Mr. Speaker:



Your JUDICIARY COMMITTEE, to whom has been referred



HOUSE BILL 723



has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:



1. On page 1, line 11, strike "ELIMINATING A REDUNDANT PROCEDURE" and insert in lieu thereof "EXPANDING PROCEDURES".



2. On page 3, line 4, after "C." insert "The provisions of this section for intermediate sanctions and civil montetary penalties shall apply to certified nursing facilities only when a federal agency has not imposed the same or similar remedies, sanctions or penalties for the same violations.".



3. On page 3, between lines 12 and 13, insert the following new subsection:



"D. Rules adopted by the department shall permit sanctions, pursuant to Paragraph (1) of Subsection A of this section, for a specific violation in a certified nursing facility if:



(1) the state statute or rule is not substantially duplicated by a federal certification rule; or



(2) the department determines intermediate sanctions are necessary if sanctions permitted pursuant to Paragraph (1) of Subsection A of this section do not duplicate a sanction imposed under the authority of 42 U.S.C. 1395 or 1396 for a particular deficiency.".



4. On page 3, line 13, before "A" insert the subsection designation "E.".



Respectfully submitted,







W. Ken Martinez, Chairman





Adopted Not Adopted

(Chief Clerk) (Chief Clerk)



Date



The roll call vote was 10 For 0 Against

Yes: 10

Excused: Martinez

Absent: None





.146939.1

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