81R2515 SJM-D
By: Alonzo H.B. No. 242
A BILL TO BE ENTITLED
AN ACT
relating to a personal identification device provided to residents
of certain institutions and assisted living facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 242, Health and Safety
Code, is amended by adding Section 242.405 to read as follows:
Sec. 242.405. PERSONAL IDENTIFICATION FOR RESIDENTS. (a)
The department, with the assistance of a physician or another
health care provider experienced with the use of personal
identification devices, by rule shall specify a distinctive
standard design for a necklace and a bracelet personal
identification device to be provided to each resident. The
department shall also specify by rule:
(1) the type of information to be contained on the
device so that each resident may be easily identified; and
(2) the format and font style of the information.
(b) Not later than the 15th day after the date a resident has
entered an institution on a full-time basis, the institution shall
provide to the resident a personal identification device
personalized for the resident.
(c) The department shall ensure that rules adopted under
this section comply with the privacy rule of the Administrative
Simplification subtitle of the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45
C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
SECTION 2. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.070 to read as follows:
Sec. 247.070. PERSONAL IDENTIFICATION FOR RESIDENTS. (a)
The department, with the assistance of a physician or another
health care provider experienced with the use of personal
identification devices, by rule shall specify a distinctive
standard design for a necklace and a bracelet personal
identification device to be provided to each resident of an
assisted living facility. The department shall also specify:
(1) the type of information to be contained on the
device so that each resident of an assisted living facility may be
easily identified; and
(2) the format and font style of the information.
(b) Not later than the 15th day after the date a resident has
entered an assisted living facility on a full-time basis, the
assisted living facility shall provide to the resident a personal
identification device personalized for the resident.
(c) The department shall ensure that rules adopted under
this section comply with the privacy rule of the Administrative
Simplification subtitle of the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45
C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
SECTION 3. (a) Not later than December 1, 2009, 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 to Chapters 242 and 247, Health and Safety Code.
(b) An institution as defined by Section 242.002, Health and
Safety Code, and an assisted living facility as defined by Section
247.002, Health and Safety Code, must provide a personalized
personal identification device developed in accordance with
Sections 242.405 and 247.070, Health and Safety Code, as added by
this Act, to each resident not later than March 1, 2010.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.