Bill Text: TX HB1865 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the requirements for certain institutions and facilities that provide care and services to persons with Alzheimer's disease and related disorders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-07 - Referred to Human Services [HB1865 Detail]

Download: Texas-2023-HB1865-Introduced.html
  88R7532 MPF-F
 
  By: Campos H.B. No. 1865
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for certain institutions and
  facilities that provide care and services to 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.
         (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, 2028.
         (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, 2030.
         (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.
         SECTION 3.  The heading to Section 247.029, Health and
  Safety Code, is amended to read as follows:
         Sec. 247.029.  CLASSIFICATION OF FACILITIES THAT PROVIDE
  PERSONAL CARE SERVICES TO [FOR] PERSONS WITH ALZHEIMER'S DISEASE OR
  RELATED DISORDERS.
         SECTION 4.  Section 247.029, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (a-1),
  (a-2), and (a-3) to read as follows:
         (a)  The executive commissioner by rule shall establish a
  classification and license for a facility that [advertises,
  markets, or otherwise promotes that the facility] provides personal
  care services to residents who have Alzheimer's disease or related
  disorders. A facility may not [is not required to be classified
  under this section to] provide personal care services [care or
  treatment] to residents who have Alzheimer's disease or related
  disorders unless the facility is classified under this section.
         (a-1)  Notwithstanding Subsection (a) and subject to
  Subsection (a-2), a facility is not required to be classified under
  this section to provide personal care services to persons with
  Alzheimer's disease or related disorders before January 1, 2028.
         (a-2)  A facility that is initially licensed under this
  chapter on or after January 1, 2025, must be classified under this
  section to provide personal care services to persons with
  Alzheimer's disease or related disorders.
         (a-3)  Subsections (a-1) and (a-2) and this subsection
  expire September 1, 2030.
         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.
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