Bill Text: TX HB3469 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the licensing and registration of certain assisted living facilities and group home facilities; authorizing the imposition of a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-01 - Left pending in committee [HB3469 Detail]
Download: Texas-2017-HB3469-Introduced.html
85R4818 KKR-D | ||
By: Davis of Dallas | H.B. No. 3469 |
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relating to the licensing and registration of certain assisted | ||
living facilities and group home facilities; authorizing the | ||
imposition of a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 247.002, Health and Safety Code, is | ||
amended by amending Subdivision (1) and adding Subdivision (4-b) to | ||
read as follows: | ||
(1) "Assisted living facility" means an establishment | ||
that: | ||
(A) furnishes, in one or more facilities, food | ||
and shelter to: | ||
(i) four or more persons who are unrelated | ||
to the proprietor of the establishment; or | ||
(ii) at least one and fewer than four | ||
persons who are unrelated to the proprietor of the establishment | ||
and at least one of whom has Alzheimer's disease or dementia; | ||
(B) provides: | ||
(i) personal care services; or | ||
(ii) administration of medication by a | ||
person licensed or otherwise authorized in this state to administer | ||
the medication; | ||
(C) may provide assistance with or supervision of | ||
the administration of medication; and | ||
(D) may provide skilled nursing services for the | ||
following limited purposes: | ||
(i) coordination of resident care with | ||
outside home and community support services agencies and other | ||
health care professionals; | ||
(ii) provision or delegation of personal | ||
care services and medication administration as described by this | ||
subdivision; | ||
(iii) assessment of residents to determine | ||
the care required; and | ||
(iv) for periods of time as established by | ||
commission [ |
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nursing treatment for a minor illness, injury, or emergency. | ||
(4-b) "Group home facility" means an establishment | ||
that otherwise meets the definition of an assisted living facility, | ||
except that the establishment furnishes food and shelter to three | ||
or fewer persons who are unrelated to the proprietor of the | ||
establishment. | ||
SECTION 2. Subchapter B, Chapter 247, Health and Safety | ||
Code, is amended by adding Section 247.02101 to read as follows: | ||
Sec. 247.02101. GROUP HOME FACILITY; REGISTRATION | ||
REQUIRED. (a) A group home facility shall register with the | ||
commission in the form and manner provided by commission rule. | ||
(b) A group home facility that fails to register with the | ||
commission under this section is subject to a civil penalty under | ||
Section 247.045. | ||
SECTION 3. Section 247.029, Health and Safety Code, is | ||
amended by amending Subsection (d) and adding Subsections (e) and | ||
(f) to read as follows: | ||
(d) The executive commissioner by rule shall adopt | ||
definitions [ |
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disorders[ |
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definition published in a generally accepted clinical resource for | ||
medical professionals. The executive commissioner shall modify the | ||
definition as necessary to conform to changes in medical practice. | ||
(e) The executive commissioner shall adopt rules providing | ||
for the licensing and operation of an assisted living facility | ||
described by Section 247.002(1)(A)(ii). The rules must require a | ||
facility to: | ||
(1) employ at least one caregiver who: | ||
(A) has training or experience in providing care | ||
to persons with Alzheimer's disease or dementia; and | ||
(B) is able to provide adequate treatment and | ||
care for each resident with Alzheimer's disease or dementia at the | ||
facility; | ||
(2) implement security measures to ensure that | ||
residents with Alzheimer's disease or dementia do not leave the | ||
institution unaccompanied or unassisted; | ||
(3) ensure that a resident leaves the facility only | ||
when accompanied by: | ||
(A) a person authorized to accompany the resident | ||
by the individual responsible for the resident; or | ||
(B) a medical transportation provider who is | ||
transporting a resident for scheduled health care services; | ||
(4) maintain an operational nonwireless telephone | ||
line at the facility with a telephone number listed in the name of | ||
the facility or of the controlling person; | ||
(5) provide: | ||
(A) bedrooms with sufficient square footage and | ||
floor space; | ||
(B) a social-diversional area; and | ||
(C) appropriate activities for residents; | ||
(6) obtain permission from the individual responsible | ||
for a resident before handling the resident's personal finances or | ||
accepting from a resident money or gifts of financial value; | ||
(7) maintain regular contact with the individual | ||
responsible for the resident; and | ||
(8) refrain from contacting a former resident, an | ||
individual responsible for a former resident, or an assisted living | ||
facility where a former resident currently resides. | ||
(f) An assisted living facility described by Section | ||
247.002(1)(A)(ii) may not have residing at the facility | ||
simultaneously a resident with a severe mental illness and a | ||
resident with Alzheimer's disease or dementia. | ||
SECTION 4. Section 247.050, Health and Safety Code, is | ||
repealed. | ||
SECTION 5. The executive commissioner of the Health and | ||
Human Services Commission shall adopt rules: | ||
(1) necessary to implement Section 247.02101, Health | ||
and Safety Code, as added by this Act, not later than January 1, | ||
2018; and | ||
(2) required by Section 247.029, Health and Safety | ||
Code, as amended by this Act, not later than June 1, 2018. | ||
SECTION 6. A person is not required to comply with: | ||
(1) Section 247.02101, Health and Safety Code, as | ||
added by this Act, until January 1, 2018; and | ||
(2) Section 247.029, Health and Safety Code, as | ||
amended by this Act, until June 1, 2018. | ||
SECTION 7. This Act takes effect September 1, 2017. |