Texas 2009 - 81st Regular

Texas House Bill HB3285 Compare Versions

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

Old	New	Differences
1	1	81R11446 ALB-D
2	2	By: Rose H.B. No. 3285
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to capital improvements and technological enhancements of
8	8	nursing homes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 242.009, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 242.009. FEDERAL FUNDS. The department may accept and
13	13	use any funds allocated by the federal government to the department
14	14	for administrative expenses or to fund or support capital
15	15	improvements or technological enhancements at institutions that
16	16	receive reimbursement for services from state or federal funds.
17	17	SECTION 2. Section 242.037(e), Health and Safety Code, is
18	18	amended to read as follows:
19	19	(e) In addition to standards or rules required by other
20	20	provisions of this chapter, the board shall adopt, publish, and
21	21	enforce minimum standards relating to:
22	22	(1) the construction of an institution, including
23	23	plumbing, heating, lighting, ventilation, and other housing
24	24	conditions, to ensure the residents' health, safety, comfort, and
25	25	protection from fire hazard;
26	26	(2) the regulation of the number and qualification of
27	27	all personnel, including management and nursing personnel,
28	28	responsible for any part of the care given to the residents;
29	29	(3) requirements for in-service education of all
30	30	employees who have any contact with the residents;
31	31	(4) training on the care of persons with Alzheimer's
32	32	disease and related disorders for employees who work with those
33	33	persons;
34	34	(5) sanitary and related conditions in an institution
35	35	and its surroundings, including water supply, sewage disposal, food
36	36	handling, and general hygiene in order to ensure the residents'
37	37	health, safety, and comfort;
38	38	(6) the nutritional needs of each resident according
39	39	to good nutritional practice or the recommendations of the
40	40	physician attending the resident;
41	41	(7) equipment essential to the residents' health and
42	42	welfare;
43	43	(8) the use and administration of medication in
44	44	conformity with applicable law and rules;
45	45	(9) care and treatment of residents and any other
46	46	matter related to resident health, safety, and welfare;
47	47	(10) licensure of institutions;
48	48	(11) capital improvements to existing facilities
49	49	necessary to ensure continued quality of care;
50	50	(12) technological enhancements to improve quality of
51	51	care and delivery of service; and
52	52	(13) [(11)] implementation of this chapter.
53	53	SECTION 3. Section 242.403(a), Health and Safety Code, is
54	54	amended to read as follows:
55	55	(a) The department shall adopt standards to implement
56	56	Sections 242.401 and 242.402. Those standards must, at a minimum,
57	57	address:
58	58	(1) admission of residents;
59	59	(2) care of residents younger than 18 years of age;
60	60	(3) an initial assessment and comprehensive plan of
61	61	care for residents;
62	62	(4) transfer or discharge of residents;
63	63	(5) clinical records;
64	64	(6) infection control at the institution;
65	65	(7) rehabilitative services;
66	66	(8) food services;
67	67	(9) nutrition services provided by a director of food
68	68	services who is licensed by the Texas State Board of Examiners of
69	69	Dietitians or, if not so licensed, who is in scheduled consultation
70	70	with a person who is so licensed as frequently and for such time as
71	71	the department shall determine necessary to assure each resident a
72	72	diet that meets the daily nutritional and special dietary needs of
73	73	each resident;
74	74	(10) social services and activities;
75	75	(11) prevention of pressure sores;
76	76	(12) bladder and bowel retraining programs for
77	77	residents;
78	78	(13) prevention of complications from nasogastric or
79	79	gastrotomy tube feedings;
80	80	(14) relocation of residents within an institution;
81	81	(15) postmortem procedures;
82	82	(16) use of funds for capital improvements or
83	83	technological enhancements of an institution; and
84	84	(17) [(16)] appropriate use of chemical and physical
85	85	restraints.
86	86	SECTION 4. Section 32.028, Human Resources Code, is amended
87	87	by adding Subsection (q) to read as follows:
88	88	(q) Subject to Subsection (h) and notwithstanding any other
89	89	law, rules and standards governing the determination of base rates
90	90	paid for nursing home services must ensure that providers of those
91	91	services are reimbursed for capital improvements or technological
92	92	enhancements.
93	93	SECTION 5. If before implementing any provision of this Act
94	94	a state agency determines that a waiver or authorization from a
95	95	federal agency is necessary for implementation of that provision,
96	96	the agency affected by the provision shall request the waiver or
97	97	authorization and may delay implementing that provision until the
98	98	waiver or authorization is granted.
99	99	SECTION 6. This Act takes effect September 1, 2009.