| 1 | 1 | | 81R3586 JSC-D |
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| 2 | 2 | | By: Riddle H.B. No. 510 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the registration of certain assisted living facilities; |
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| 8 | 8 | | providing penalties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 247.033 to read as follows: |
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| 12 | 12 | | Sec. 247.033. REGISTRATION OF CERTAIN FACILITIES. (a) The |
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| 13 | 13 | | executive commissioner of the Health and Human Services Commission |
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| 14 | 14 | | by rule shall require registration for a facility that: |
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| 15 | 15 | | (1) furnishes food and shelter to three or fewer |
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| 16 | 16 | | persons who are unrelated to the proprietor of the facility; and |
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| 17 | 17 | | (2) provides personal care services. |
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| 18 | 18 | | (b) A person may not operate a facility described by |
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| 19 | 19 | | Subsection (a) unless the person registers the facility with the |
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| 20 | 20 | | department according to this section and rules adopted under this |
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| 21 | 21 | | section. |
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| 22 | 22 | | (c) A person may apply for registration of a facility under |
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| 23 | 23 | | this section by submitting: |
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| 24 | 24 | | (1) an application for registration on a form |
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| 25 | 25 | | prescribed by the department; and |
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| 26 | 26 | | (2) a fee of $200. |
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| 27 | 27 | | (d) A registration is valid until the second anniversary of |
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| 28 | 28 | | the date of issuance. |
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| 29 | 29 | | (e) A facility registered under this section shall grant |
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| 30 | 30 | | reasonable access to the department and its designees: |
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| 31 | 31 | | (1) for inquiries and visits to a facility; and |
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| 32 | 32 | | (2) to permit reporting of instances of abuse, |
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| 33 | 33 | | neglect, or exploitation observed or reported during the visits. |
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| 34 | 34 | | (f) Notwithstanding Section 48.301, Human Resources Code, |
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| 35 | 35 | | or Section 247.043, the Department of Family and Protective |
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| 36 | 36 | | Services may conduct investigations of abuse, neglect, and |
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| 37 | 37 | | exploitation at facilities registered under this section in |
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| 38 | 38 | | accordance with Chapter 48, Human Resources Code. |
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| 39 | 39 | | (g) The department may deny, suspend, or revoke a |
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| 40 | 40 | | registration for a violation of this chapter or a rule adopted under |
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| 41 | 41 | | this chapter. |
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| 42 | 42 | | (h) A person who operates a facility that is required to be |
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| 43 | 43 | | registered under this section without a current registration or who |
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| 44 | 44 | | violates this section or a rule adopted under this section is |
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| 45 | 45 | | subject to the remedies and penalties provided by Subchapter C as if |
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| 46 | 46 | | the person held or is required to hold a license under this |
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| 47 | 47 | | subchapter. |
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| 48 | 48 | | SECTION 2. (a) Not later than January 1, 2010, the |
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| 49 | 49 | | executive commissioner of the Health and Human Services Commission |
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| 50 | 50 | | shall adopt the rules necessary to implement Section 247.033, |
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| 51 | 51 | | Health and Safety Code, as added by this Act. |
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| 52 | 52 | | (b) Notwithstanding Section 247.033, Health and Safety |
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| 53 | 53 | | Code, as added by this Act, a facility is not required to register |
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| 54 | 54 | | with the Department of Aging and Disability Services before March |
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| 55 | 55 | | 1, 2010. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2009. |
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