Bill Text: TX HB1582 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the placement of individuals with Alzheimer's disease or dementia in health care facilities and correctional facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-08 - Referred to Public Health [HB1582 Detail]
Download: Texas-2021-HB1582-Introduced.html
87R4359 MCF-D | ||
By: Davis | H.B. No. 1582 |
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relating to the placement of individuals with Alzheimer's disease | ||
or dementia in health care facilities and correctional facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 222, Health and Safety Code, is amended | ||
by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING | ||
RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA | ||
Sec. 222.101. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the commission. | ||
(3) "Health care facility" means a health care | ||
facility licensed by the commission. | ||
(4) "Resident" means an individual who resides in a | ||
health care facility. | ||
Sec. 222.102. PLACEMENT OF CERTAIN RESIDENTS. The | ||
executive commissioner by rule shall prohibit a health care | ||
facility from placing a resident with Alzheimer's disease or | ||
dementia in the same room as a resident with mental illness and a | ||
history of violence. | ||
Sec. 222.103. DISCIPLINARY ACTION. A health care facility | ||
that violates this subchapter or a rule adopted under this | ||
subchapter is subject to disciplinary action by the commission as | ||
if the facility violated an applicable licensing law. | ||
SECTION 2. Chapter 493, Government Code, is amended by | ||
adding Section 493.034 to read as follows: | ||
Sec. 493.034. HOUSING OF INMATES WITH ALZHEIMER'S DISEASE | ||
OR DEMENTIA. The department shall ensure that an inmate with | ||
Alzheimer's disease or dementia who is confined in a correctional | ||
facility operated by or under contract with the department is not | ||
housed in the same cell as an inmate with mental illness and a | ||
history of violence. | ||
SECTION 3. Chapter 511, Government Code, is amended by | ||
adding Section 511.022 to read as follows: | ||
Sec. 511.022. HOUSING OF INMATES WITH ALZHEIMER'S DISEASE | ||
OR DEMENTIA. The commission shall adopt rules prohibiting a | ||
correctional facility from housing an inmate with Alzheimer's | ||
disease or dementia in the same cell as an inmate with mental | ||
illness and a history of violence. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission and the Commission on Jail Standards shall | ||
adopt rules necessary to implement the changes in law made by this | ||
Act. | ||
SECTION 5. This Act takes effect September 1, 2021. |