May 31st, 2021
Status of HB 3240 (Klick)
Turn of Events:  Good News For Providers
We are happy to say that we were made aware late yesterday that through the efforts of many people including Representative Klick, Representative Frank and Senator Kolkhorst, an agreement was reached to attach the text of HB 3240 (Klick) to HB 3720 (Frank) related to the IDD Waiver Interest Lists.  Though a long shot, late in the afternoon on 5/30/21, HB 3720, as amended, was passed by both the House and Senate!!!


May 28th, 2021
Status of HB 3240 (Klick)
Bad News For Providers
Early this morning around 4:00 a.m, the Senate kicked out 100 bills from its Local & Uncontested Calendar. HB 3240 (Klick) was one of these 100 bills, unfortunately.  This was apparently the result of the tensions that have been rising in the last few weeks between the House and the Senate.

May 20th, 2021
This morning, the Senate passed HB 3240 as anticipated and hoped.   It was referred to the Senate Local & Uncontested Calendar meaning it will be heard on the Senate Floor more quickly and be sent back to the House, signed, and sent to Governor.
Reminder….HB 3240 does the following:
  • Adds a representative from the ICF/IID program to the  HHSC LTC Facilities Council
  • Aligns assessment of ICF/IID administrative penalties with historical practice, and
  • And most importantly for HCS/TxHmL programs, it delays enforcement of administrative penalties, until HHSC develops interpretive guidance for the HCS/TxHmL principles/rules (I imagine much like ICF/IID program has, i.e. Appendix J of Surveyor’s Operational Guide) and completes rewrite of the principles/rules.
May 6th, 2021
Hooray!  House Passed HB 3240 (Klick) -Delays Enforcement of Administrative Penalties For HCS/TxHmL
Last night the House passed HB 3240 (Klick) passed to 3rd reading at 11:15 p.m.  Today, 5/6/21, at 12: 13 p.m., the bill passed on 3rd reading (143 ayes; 0 nays; 2 present not voting).  It will now go to the Senate for consideration – first, the Senate Health and Human Services Committee, then the Senate floor.  Hopefully it will pass and it will be going to the Governor to sign soon.
HB 3240:
  • Calls for an ICF/IID representative on the HHSC LTC Facilities Council,
  • Caps the amount/$ of administrative penalties which may be imposed per each ICF/IID on-site regulatory visit or complaint investigation,
  • Requires HHSC not to enforce an administrative penalty in the HCS or TxHmL waiver programs until interpretive guidelines are developed and adopted, and
  • Requires that rules to implement the changes required by HB 3240 be adopted not later than December 1, 2021.