Bill Text: TX HB1463 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to a state plan and requirements for nursing facilities and related institutions that provide care and treatment for persons with Alzheimer's disease and related disorders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to Human Services [HB1463 Detail]

Download: Texas-2023-HB1463-Introduced.html

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88R7299 MPF-F
By: Campos H.B. No. 1463

A BILL TO BE ENTITLED
AN ACT
relating to a state plan and requirements for nursing facilities
and related institutions that provide care and treatment for
persons with Alzheimer's disease and related disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 242.040, Health and
Safety Code, is amended to read as follows:
Sec. 242.040. CERTIFICATION OF INSTITUTIONS THAT PROVIDE
CARE AND TREATMENT FOR PERSONS WITH ALZHEIMER'S DISEASE AND RELATED
DISORDERS.
SECTION 2. Section 242.040, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), (e), and (f) and
adding Subsections (b-1), (b-2), and (b-3) to read as follows:
(a) The commission [department] shall establish a system
for certifying institutions that meet standards adopted by the
executive commissioner concerning the specialized care and
treatment of persons with Alzheimer's disease and related
disorders. The commission may periodically modify the system and
standards as the executive commissioner determines appropriate.
(b) An institution may [is] not [required to be certified
under this section in order to] provide care and treatment for [of]
persons with Alzheimer's disease and related disorders unless the
institution holds a certification issued under this section.
(b-1) Notwithstanding Subsection (b) and subject to
Subsection (b-2), an institution is not required to hold a
certification issued under this section to provide care and
treatment for persons with Alzheimer's disease and related
disorders before January 1, 2033.
(b-2) An institution that is initially licensed under this
chapter on or after January 1, 2025, must hold a certification
issued under this section to provide care and treatment for persons
with Alzheimer's disease and related disorders.
(b-3) Subsections (b-1) and (b-2) and this subsection
expire September 1, 2035.
(c) The executive commissioner by rule shall [may] adopt
standards for the specialized care and treatment of persons with
Alzheimer's disease and related disorders and provide procedures
for institutions applying for certification under this section.
The rules must provide for a three-year certification period.
(e) An institution may not advertise or otherwise
communicate that the institution is certified by the commission
[department] to provide specialized care or treatment for persons
with Alzheimer's disease or related disorders unless the
institution is certified under this section.
(f) The executive commissioner by rule shall adopt a system
under which an appropriate number of certifications issued by the
commission [department] expire on staggered dates occurring in each
three-year period. If the expiration date of a certification
changes as a result of this subsection, the commission [department]
shall prorate the certification fee relating to that certification
as appropriate. To the extent possible, the system must align the
expiration date for an institution's certification under this
section with the expiration date for the institution's license
under this chapter.
SECTION 3. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0406 to read as follows:
Sec. 242.0406. STATE PLAN FOR CERTIFICATION OF INSTITUTIONS
THAT PROVIDE CARE AND TREATMENT FOR PERSONS WITH ALZHEIMER'S
DISEASE AND RELATED DISORDERS. (a) The commission shall develop a
state plan to certify under Section 242.040 each institution
licensed under this chapter that provides care and treatment for
persons with Alzheimer's disease and related disorders by January
1, 2033. The executive commissioner must approve the state plan and
shall adopt rules for implementing the approved state plan.
(b) In developing the state plan, the commission shall:
(1) conduct a study on certifying under Section
242.040 each institution licensed under this chapter that provides
care and treatment for persons with Alzheimer's disease and related
disorders by January 1, 2033; and
(2) determine and consider in implementing the state
plan the:
(A) costs and challenges;
(B) legal and technical issues; and
(C) scheduling factors and time considerations.
(c) The state plan must require that:
(1) at least 10 percent of the total number of
institutions licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders be certified under Section 242.040 by January 1, 2025;
(2) at least 25 percent of the total number of
institutions licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders be certified under Section 242.040 by January 1, 2027;
(3) at least 50 percent of the total number of
institutions licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders be certified under Section 242.040 by January 1, 2029;
(4) at least 75 percent of the total number of
institutions licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders be certified under Section 242.040 by January 1, 2031;
and
(5) each institution licensed under this chapter that
provides care and treatment for persons with Alzheimer's disease
and related disorders be certified under Section 242.040 by January
1, 2033.
(d) The state plan may provide for reimbursement to
institutions licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders and that become certified under Section 242.040 in
amounts based on the following schedule:
(1) for an institution certified by January 1, 2025,
the state plan may reimburse the institution for 100 percent of the
certification costs;
(2) for an institution certified by January 1, 2027,
the state plan may reimburse the institution in an amount not to
exceed 75 percent of the certification costs;
(3) for an institution certified by January 1, 2029,
the state plan may reimburse the institution in an amount not to
exceed 50 percent of the certification costs; and
(4) for an institution certified by January 1, 2031,
the state plan may reimburse the institution in an amount not to
exceed 25 percent of the certification costs.
(e) The commission may use existing resources and solicit
and accept gifts, grants, and donations from any source to
implement the state plan.
(f) This section expires September 1, 2035.
SECTION 4. Not later than September 1, 2024, the Health and
Human Services Commission shall develop, and the executive
commissioner of the commission shall approve and adopt, rules for
implementing the state plan required by Section 242.0406, Health
and Safety Code, as added by this Act.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2023.