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Texas House Bill HB216

Texas 2009 - 81st Regular

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11 H.B. No. 216
22
33
44 AN ACT
55 relating to the regulation of certain boarding home facilities and
66 assisted living facilities; providing penalties.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
99 amended by adding Chapter 254 to read as follows:
1010 CHAPTER 254. BOARDING HOME FACILITIES
1111 Sec. 254.001. DEFINITIONS. In this chapter:
1212 (1) "Assistance with self-administering medication"
1313 means assisting a resident by reminding the resident to take
1414 medication, opening and removing medications from a container, or
1515 reminding the resident when a prescription medication needs to be
1616 refilled.
1717 (2) "Boarding home facility" means an establishment
1818 that:
1919 (A) furnishes, in one or more buildings, lodging
2020 to three or more persons with disabilities or elderly persons who
2121 are unrelated to the owner of the establishment by blood or
2222 marriage; and
2323 (B) provides community meals, light housework,
2424 meal preparation, transportation, grocery shopping, money
2525 management, laundry services, or assistance with
2626 self-administration of medication but does not provide personal
2727 care services as defined by Section 247.002 to those persons.
2828 (3) "Commission" means the Health and Human Services
2929 Commission.
3030 (4) "Elderly person" has the meaning assigned by
3131 Section 48.002, Human Resources Code.
3232 (5) "Executive commissioner" means the executive
3333 commissioner of the Health and Human Services Commission.
3434 (6) "Person with a disability" means a disabled person
3535 as defined by Section 48.002, Human Resources Code.
3636 (7) "Resident" means a person who is residing in a
3737 boarding home facility.
3838 Sec. 254.002. EXEMPTIONS. This chapter does not apply to:
3939 (1) a person that is required to be licensed under
4040 Chapter 142, 242, 246, 247, or 252;
4141 (2) a person that is exempt from licensing under
4242 Section 142.003(a)(19), 242.003(3), or 247.004(4);
4343 (3) a hotel as defined by Section 156.001, Tax Code;
4444 (4) a retirement community;
4545 (5) a monastery or convent;
4646 (6) a child-care facility as defined by Section
4747 42.002, Human Resources Code;
4848 (7) a family violence shelter center as defined by
4949 Section 51.002, Human Resources Code; or
5050 (8) a sorority or fraternity house or other dormitory
5151 associated with an institution of higher education.
5252 Sec. 254.003. MODEL STANDARDS. The executive commissioner
5353 shall develop and publish in the Texas Register model standards for
5454 the operation of a boarding home facility relating to:
5555 (1) the construction or remodeling of a boarding home
5656 facility, including plumbing, heating, lighting, ventilation, and
5757 other housing conditions, to ensure the residents' health, safety,
5858 comfort, and protection from fire hazard;
5959 (2) sanitary and related conditions in a boarding home
6060 facility and its surroundings, including insect and rodent control,
6161 water supply, sewage disposal, food handling, and general hygiene
6262 to ensure the residents' health, safety, and comfort;
6363 (3) the reporting and investigation of injuries,
6464 incidents, and unusual accidents and the establishment of other
6565 policies and procedures necessary to ensure resident health and
6666 safety;
6767 (4) assistance with self-administering medication;
6868 (5) requirements for in-service education of the
6969 facility's staff;
7070 (6) criminal history record checks; and
7171 (7) assessment and periodic monitoring to ensure that
7272 a resident:
7373 (A) does not require the boarding home facility
7474 to provide personal care, nursing, or other services not listed in
7575 Section 254.001(2); and
7676 (B) is capable of self-administering medication
7777 or is aware of what the resident's medications look like and knows
7878 when the medications should be taken but requires assistance with
7979 self-administering medication.
8080 Sec. 254.004. LOCAL REGULATION. A county or municipality
8181 may require a person to obtain a permit from the county or
8282 municipality to operate a boarding home facility within the
8383 county's or municipality's jurisdiction. A county or municipality
8484 may adopt the standards developed by the executive commissioner
8585 under Section 254.003 and require a boarding home facility that
8686 holds a permit issued by the county or municipality to comply with
8787 the adopted standards.
8888 Sec. 254.005. PERMIT PROCEDURES; FEES; FINES. (a) A county
8989 or municipality that requires a person to obtain a boarding home
9090 facility permit as authorized by Section 254.004 may establish
9191 procedures for the submission of a boarding home facility permit
9292 application and for the issuance, denial, renewal, suspension, and
9393 revocation of the permit.
9494 (b) A county or municipality that requires a person to
9595 obtain a boarding home facility permit as authorized under Section
9696 254.004 may set reasonable fees for issuance of the permit, renewal
9797 of the permit, and inspections and may impose fines for
9898 noncompliance with the county or municipal boarding home facility
9999 regulations. The fees collected and fines imposed by the county or
100100 municipality must be used to administer the county or municipal
101101 permitting program or for other purposes directly related to
102102 providing boarding home facility or other assisted living services
103103 to elderly persons and persons with disabilities.
104104 (c) A person required to obtain a boarding home facility
105105 permit from a county or municipality as authorized under Section
106106 254.004 shall pay any fees required or fines imposed by the county
107107 or municipality.
108108 Sec. 254.006. POSTING. A boarding home facility that holds
109109 a permit issued by a county or municipality shall prominently and
110110 conspicuously post for display in a public area of the boarding home
111111 facility that is readily available to residents, the operator,
112112 employees, and visitors:
113113 (1) the permit issued by a county or municipality;
114114 (2) a sign prescribed by the county or municipality
115115 that issued the permit that specifies how complaints may be
116116 registered with the county or municipality;
117117 (3) a notice in a form prescribed by the county or
118118 municipality that issued the permit stating that inspection and
119119 related reports are available at the boarding home facility for
120120 public inspection and providing a telephone number that may be used
121121 to obtain information concerning the boarding home facility;
122122 (4) a concise summary of the most recent inspection
123123 report relating to the boarding home facility; and
124124 (5) a notice in a form prescribed by the county or
125125 municipality that issued the permit that lists the name, location,
126126 and contact information for:
127127 (A) the closest local public health services
128128 agency in the proximity of the boarding home facility; and
129129 (B) a local organization or entity that
130130 represents, advocates, or serves elderly persons or persons with
131131 disabilities, including any related toll-free contact information
132132 for reporting emergencies to the organization or entity.
133133 Sec. 254.007. INSPECTIONS. (a) A county or municipality
134134 may conduct any inspection, survey, or investigation that it
135135 considers necessary and may enter the premises of a boarding home
136136 facility at reasonable times to make an inspection, survey, or
137137 investigation.
138138 (b) A county or municipality is entitled to access to books,
139139 records, and other documents maintained by or on behalf of a
140140 boarding home facility to the extent necessary to enforce the
141141 standards adopted by the county or municipality.
142142 Sec. 254.008. INTERLOCAL COOPERATION. Two or more counties
143143 or municipalities may cooperate and contract with each other for
144144 the purpose of inspecting and permitting boarding home facilities.
145145 Sec. 254.009. REPORTING AND INVESTIGATION OF ABUSE,
146146 NEGLECT, OR EXPLOITATION. (a) A person, including an owner,
147147 operator, or employee of a boarding home facility that holds a
148148 permit issued by a county or municipality, who has cause to believe
149149 that a resident who is an elderly person or a person with a
150150 disability is being or has been abused, neglected, or exploited
151151 shall report the abuse, neglect, or exploitation to the Department
152152 of Family and Protective Services for investigation by that agency.
153153 The Department of Family and Protective Services shall investigate
154154 the allegation of abuse, neglect, or exploitation as authorized and
155155 in the manner provided by Chapter 48, Human Resources Code.
156156 (b) Each boarding home facility that holds a permit issued
157157 by a county or municipality shall require each employee of the
158158 boarding home facility, as a condition of employment with the
159159 boarding home facility, to sign a statement that the employee
160160 acknowledges that the employee may be criminally liable under
161161 Section 48.052, Human Resources Code, for failure to report abuse,
162162 neglect, or exploitation.
163163 (c) An owner, operator, or employee of a boarding home
164164 facility that holds a permit issued by a county or municipality may
165165 not retaliate against an employee of the facility who in good faith
166166 makes a complaint to the office of the inspector general of the
167167 Health and Human Services Commission, cooperates with the office of
168168 the inspector general in an investigation, or reports abuse,
169169 neglect, or exploitation of a resident to the Department of Family
170170 and Protective Services.
171171 Sec. 254.010. ANNUAL REPORT TO COMMISSION; LEGISLATIVE
172172 REPORT. (a) Not later than September 30 of each year following the
173173 establishment of a county or municipal permitting requirement under
174174 this chapter, each county or municipality that requires a person to
175175 obtain a boarding home facility permit under Section 254.004 shall
176176 submit to the commission a report. The report must include:
177177 (1) the total number of:
178178 (A) boarding home facilities permitted during
179179 the preceding state fiscal year;
180180 (B) boarding home facility applications denied
181181 permitting, including a summary of cause for denial; and
182182 (C) boarding home facility permits active on
183183 August 31 of the preceding state fiscal year;
184184 (2) the total number of residents reported housed in
185185 each boarding home facility reported;
186186 (3) the total number of inspections conducted at each
187187 boarding home facility by the county or municipality that requires
188188 the permit; and
189189 (4) the total number of permits revoked or suspended
190190 as a result of an inspection described by Subdivision (3) and a
191191 summary of the outcome for the residents displaced by revocation or
192192 suspension of a permit.
193193 (b) The commission shall establish and maintain a
194194 standardized compilation of information reported under this
195195 section and provide to the legislature a report of this information
196196 not later than January 1 of each odd-numbered year.
197197 Sec. 254.011. EXCLUSION PROHIBITED. If an entity meets the
198198 requirements established by a county or municipality under this
199199 chapter, the entity may not be excluded from a residential area by
200200 zoning ordinances or similar regulations.
201201 SECTION 2. Sections 247.002(1), (2), (4), (5), and (7),
202202 Health and Safety Code, are amended to read as follows:
203203 (1) "Assisted living facility" means an establishment
204204 that:
205205 (A) furnishes, in one or more facilities, food
206206 and shelter to four or more persons who are unrelated to the
207207 proprietor of the establishment; [and]
208208 (B) provides:
209209 (i) personal care services; or
210210 (ii) administration of medication by a
211211 person licensed or otherwise authorized in this state to administer
212212 the medication; and
213213 (C) may provide assistance with or supervision of
214214 the administration of medication.
215215 (2) "Board" means the executive commissioner of the
216216 Health and [Texas Board of] Human Services Commission.
217217 (4) "Department" means the [Texas] Department of Aging
218218 and Disability [Human] Services.
219219 (5) "Personal care services" means:
220220 (A) assistance with feeding [meals], dressing,
221221 moving [movement], bathing, or other personal needs or maintenance;
222222 or
223223 (B) [the administration of medication by a person
224224 licensed to administer medication or the assistance with or
225225 supervision of medication; or
226226 [(C)] general supervision or oversight of the
227227 physical and mental well-being of a person who needs assistance to
228228 maintain a private and independent residence in an assisted living
229229 facility or who needs assistance to manage the person's personal
230230 life, regardless of whether a guardian has been appointed for the
231231 person.
232232 (7) "Commissioner" means the commissioner of the
233233 department [human services].
234234 SECTION 3. Section 247.004, Health and Safety Code, is
235235 amended to read as follows:
236236 Sec. 247.004. EXEMPTIONS. This chapter does not apply to:
237237 (1) a boarding home facility as defined by Section
238238 254.001 [that has rooms for rent and that may offer community meals,
239239 light housework, meal preparation, transportation, grocery
240240 shopping, money management, or laundry services but that does not
241241 provide personal care services];
242242 (2) an establishment conducted by or for the adherents
243243 of the Church of Christ, Scientist, for the purpose of providing
244244 facilities for the care or treatment of the sick who depend
245245 exclusively on prayer or spiritual means for healing without the
246246 use of any drug or material remedy if the establishment complies
247247 with local safety, sanitary, and quarantine ordinances and
248248 regulations;
249249 (3) a facility conducted by or for the adherents of a
250250 qualified religious society classified as a tax-exempt
251251 organization under an Internal Revenue Service group exemption
252252 ruling for the purpose of providing personal care services without
253253 charge solely for the society's professed members or ministers in
254254 retirement, if the facility complies with local safety, sanitation,
255255 and quarantine ordinances and regulations; or
256256 (4) a facility that provides personal care services
257257 only to persons enrolled in a program that is funded in whole or in
258258 part by the department [Texas Department of Mental Health and
259259 Mental Retardation] and that is monitored by the department [Texas
260260 Department of Mental Health and Mental Retardation] or its
261261 designated local mental retardation authority in accordance with
262262 standards set by the department [Texas Department of Mental Health
263263 and Mental Retardation].
264264 SECTION 4. Section 247.030, Health and Safety Code, is
265265 repealed.
266266 SECTION 5. It is the intent of the legislature that the
267267 passage by the 81st Legislature, Regular Session, 2009, of another
268268 bill that amends Subtitle B, Title 4, Health and Safety Code, and
269269 Chapter 247, Health and Safety Code, and the amendments made by this
270270 Act shall be harmonized, if possible, as provided by Section
271271 311.025(b), Government Code, so that effect may be given to each.
272272 If the amendments made by this Act to Subtitle B, Title 4, Health
273273 and Safety Code, and Chapter 247, Health and Safety Code, and the
274274 amendments made to Subtitle B, Title 4, Health and Safety Code, and
275275 Chapter 247, Health and Safety Code, by any other bill are
276276 irreconcilable, it is the intent of the legislature that this Act
277277 prevail, regardless of the relative dates of enactment of this Act
278278 and the other bill or bills, but only to the extent that differences
279279 are irreconcilable.
280280 SECTION 6. Not later than September 1, 2010, the executive
281281 commissioner of the Health and Human Services Commission shall
282282 adopt the model standards required by Section 254.003, Health and
283283 Safety Code, as added by this Act.
284284 SECTION 7. (a) Except as provided by Subsection (b) of this
285285 section, this Act takes effect September 1, 2009.
286286 (b) Sections 254.004 through 254.008, Health and Safety
287287 Code, as added by this Act, and Section 4 of this Act take effect
288288 September 1, 2010.
289289 ______________________________ ______________________________
290290 President of the Senate Speaker of the House
291291 I certify that H.B. No. 216 was passed by the House on May 1,
292292 2009, by the following vote: Yeas 140, Nays 2, 1 present, not
293293 voting; that the House refused to concur in Senate amendments to
294294 H.B. No. 216 on May 23, 2009, and requested the appointment of a
295295 conference committee to consider the differences between the two
296296 houses; and that the House adopted the conference committee report
297297 on H.B. No. 216 on May 31, 2009, by the following vote: Yeas 143,
298298 Nays 0, 1 present, not voting.
299299 ______________________________
300300 Chief Clerk of the House
301301 I certify that H.B. No. 216 was passed by the Senate, with
302302 amendments, on May 20, 2009, by the following vote: Yeas 31, Nays
303303 0; at the request of the House, the Senate appointed a conference
304304 committee to consider the differences between the two houses; and
305305 that the Senate adopted the conference committee report on H.B. No.
306306 216 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
307307 ______________________________
308308 Secretary of the Senate
309309 APPROVED: __________________
310310 Date
311311 __________________
312312 Governor