81R11446 ALB-D
By: Rose H.B. No. 3285
A BILL TO BE ENTITLED
AN ACT
relating to capital improvements and technological enhancements of
nursing homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.009, Health and Safety Code, is
amended to read as follows:
Sec. 242.009. FEDERAL FUNDS. The department may accept and
use any funds allocated by the federal government to the department
for administrative expenses or to fund or support capital
improvements or technological enhancements at institutions that
receive reimbursement for services from state or federal funds.
SECTION 2. Section 242.037(e), Health and Safety Code, is
amended to read as follows:
(e) In addition to standards or rules required by other
provisions of this chapter, the board shall adopt, publish, and
enforce minimum standards relating to:
(1) the construction of an institution, including
plumbing, heating, lighting, ventilation, and other housing
conditions, to ensure the residents' health, safety, comfort, and
protection from fire hazard;
(2) the regulation of the number and qualification of
all personnel, including management and nursing personnel,
responsible for any part of the care given to the residents;
(3) requirements for in-service education of all
employees who have any contact with the residents;
(4) training on the care of persons with Alzheimer's
disease and related disorders for employees who work with those
persons;
(5) sanitary and related conditions in an institution
and its surroundings, including water supply, sewage disposal, food
handling, and general hygiene in order to ensure the residents'
health, safety, and comfort;
(6) the nutritional needs of each resident according
to good nutritional practice or the recommendations of the
physician attending the resident;
(7) equipment essential to the residents' health and
welfare;
(8) the use and administration of medication in
conformity with applicable law and rules;
(9) care and treatment of residents and any other
matter related to resident health, safety, and welfare;
(10) licensure of institutions;
(11) capital improvements to existing facilities
necessary to ensure continued quality of care;
(12) technological enhancements to improve quality of
care and delivery of service; and
(13) [(11)] implementation of this chapter.
SECTION 3. Section 242.403(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall adopt standards to implement
Sections 242.401 and 242.402. Those standards must, at a minimum,
address:
(1) admission of residents;
(2) care of residents younger than 18 years of age;
(3) an initial assessment and comprehensive plan of
care for residents;
(4) transfer or discharge of residents;
(5) clinical records;
(6) infection control at the institution;
(7) rehabilitative services;
(8) food services;
(9) nutrition services provided by a director of food
services who is licensed by the Texas State Board of Examiners of
Dietitians or, if not so licensed, who is in scheduled consultation
with a person who is so licensed as frequently and for such time as
the department shall determine necessary to assure each resident a
diet that meets the daily nutritional and special dietary needs of
each resident;
(10) social services and activities;
(11) prevention of pressure sores;
(12) bladder and bowel retraining programs for
residents;
(13) prevention of complications from nasogastric or
gastrotomy tube feedings;
(14) relocation of residents within an institution;
(15) postmortem procedures;
(16) use of funds for capital improvements or
technological enhancements of an institution; and
(17) [(16)] appropriate use of chemical and physical
restraints.
SECTION 4. Section 32.028, Human Resources Code, is amended
by adding Subsection (q) to read as follows:
(q) Subject to Subsection (h) and notwithstanding any other
law, rules and standards governing the determination of base rates
paid for nursing home services must ensure that providers of those
services are reimbursed for capital improvements or technological
enhancements.
SECTION 5. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 6. This Act takes effect September 1, 2009.