Texas 2009 - 81st Regular

Texas House Bill HB242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2515 SJM-D
2	2	By: Alonzo H.B. No. 242
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a personal identification device provided to residents
8	8	of certain institutions and assisted living facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter K, Chapter 242, Health and Safety
11	11	Code, is amended by adding Section 242.405 to read as follows:
12	12	Sec. 242.405. PERSONAL IDENTIFICATION FOR RESIDENTS. (a)
13	13	The department, with the assistance of a physician or another
14	14	health care provider experienced with the use of personal
15	15	identification devices, by rule shall specify a distinctive
16	16	standard design for a necklace and a bracelet personal
17	17	identification device to be provided to each resident. The
18	18	department shall also specify by rule:
19	19	(1) the type of information to be contained on the
20	20	device so that each resident may be easily identified; and
21	21	(2) the format and font style of the information.
22	22	(b) Not later than the 15th day after the date a resident has
23	23	entered an institution on a full-time basis, the institution shall
24	24	provide to the resident a personal identification device
25	25	personalized for the resident.
26	26	(c) The department shall ensure that rules adopted under
27	27	this section comply with the privacy rule of the Administrative
28	28	Simplification subtitle of the Health Insurance Portability and
29	29	Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45
30	30	C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
31	31	SECTION 2. Subchapter D, Chapter 247, Health and Safety
32	32	Code, is amended by adding Section 247.070 to read as follows:
33	33	Sec. 247.070. PERSONAL IDENTIFICATION FOR RESIDENTS. (a)
34	34	The department, with the assistance of a physician or another
35	35	health care provider experienced with the use of personal
36	36	identification devices, by rule shall specify a distinctive
37	37	standard design for a necklace and a bracelet personal
38	38	identification device to be provided to each resident of an
39	39	assisted living facility. The department shall also specify:
40	40	(1) the type of information to be contained on the
41	41	device so that each resident of an assisted living facility may be
42	42	easily identified; and
43	43	(2) the format and font style of the information.
44	44	(b) Not later than the 15th day after the date a resident has
45	45	entered an assisted living facility on a full-time basis, the
46	46	assisted living facility shall provide to the resident a personal
47	47	identification device personalized for the resident.
48	48	(c) The department shall ensure that rules adopted under
49	49	this section comply with the privacy rule of the Administrative
50	50	Simplification subtitle of the Health Insurance Portability and
51	51	Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45
52	52	C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
53	53	SECTION 3. (a) Not later than December 1, 2009, the
54	54	executive commissioner of the Health and Human Services Commission
55	55	shall adopt the rules necessary to implement the changes in law made
56	56	by this Act to Chapters 242 and 247, Health and Safety Code.
57	57	(b) An institution as defined by Section 242.002, Health and
58	58	Safety Code, and an assisted living facility as defined by Section
59	59	247.002, Health and Safety Code, must provide a personalized
60	60	personal identification device developed in accordance with
61	61	Sections 242.405 and 247.070, Health and Safety Code, as added by
62	62	this Act, to each resident not later than March 1, 2010.
63	63	SECTION 4. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2009.