81R14298 T
By: Coleman H.B. No. 2971
A BILL TO BE ENTITLED
AN ACT
relating to life safety code inspections of assisted living
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.021, Tex. Health and Safety Code, is
amended to read as follows:
Sec. 247.021. LICENSE REQUIRED. (a) A person may not
establish or operate an assisted living facility without a license
issued under this chapter.
(b) A person establishing or operating a facility that is
not required to be licensed under this chapter may not use the term
"assisted living" in referring to the facility or the services
provided at the facility.
(c) A person establishing or operating a facility that is
not required to be licensed but who elects to obtain a license under
this chapter may use the term "assisted living" in referring to the
facility or the services provided at the facility.
(d) The department by rule shall establish procedures to
issue a six-month provisional license to existing facilities with
residents. The department may issue a provisional license [only]
if:
(1) the facility is in compliance with resident care
standards;
(2) the facility voluntarily discloses that the
facility needs additional time to comply with life safety code and
physical plant standards;
(3) the disclosure is made in writing by certified
mail to the department;
(4) an investigation of the violation was not
initiated and the violation was not independently detected by the
department; and
(5) the disclosure is made promptly after knowledge of
the information disclosed is obtained by the facility.
(e) If, at the end of the six-month provisional license
period, the facility does not meet life safety code and physical
plant standards, the department may not issue a license to the
facility.
[(f) No provisional licenses shall be issued after December
31, 1999.]
(f) [g] [Notwithstanding Subsection (f), the] The
department [may] must automatically issue a provisional license to
a newly constructed facility if:
(1) the facility is in compliance with resident care
standards;
(2) all local approvals have been obtained;
(3) a complete license application is submitted within
30 days of receipt of all local approvals; and
(4) the license fee has been paid.
(g) [h] [Notwithstanding Subsection (f), t] The
department may automatically issue a provisional license in the
case of a corporate change of ownership of a facility.
SECTION 2. Tex. Health and Safety Code Chapter 247 is
amended by adding Sec. 247.0211 to read as follows:
Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTIONS. On
or before January 1, 2010, the department shall implement a process
whereby an applicant for an initial assisted living facility
license or for the renewal of an assisted living facility license
may obtain a life safety code and physical plant survey within five
(5) business days of its request for the survey provided that the
applicant pays for the cost of an expedited survey. The department
may accept payment for such surveys.
SECTION 3. Sec. 247.005(a), Tex. Health and Safety Code, is
amended to read as follows:
Sec. 247.032. ACCREDITATION SURVEY TO SATISFY INSPECTION
REQUIREMENTS. (a) In this section, "accreditation commission"
means the Commission on Accreditation of Rehabilitation
Facilities, [or] the Joint Commission on Accreditation of
Healthcare Organizations, or other organizations approved by the
commissioner.
SECTION 4. This act takes effect September 1, 2009.