82R8010 ALB-F
By: Truitt H.B. No. 2109
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain actions against an assisted living
facility for the inappropriate placement of a resident and
prohibiting retaliation against a facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.066, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsections (d-1) and
(f) to read as follows:
(d) If a department inspector determines that a resident is
inappropriately placed at a facility and the facility either agrees
with the determination or does not obtain the written statements
prescribed by Subsection (c) that would allow the resident to
remain in the facility notwithstanding the determination of the
inspector, the department may not assess an administrative penalty
against the facility because of the inappropriate placement, except
as provided by Subsection (d-1). However, the facility shall
discharge the resident. The resident is allowed 30 days after the
date of discharge to move from the facility. A discharge required
under this subsection must be made notwithstanding:
(1) any other law, including any law relating to the
rights of residents and any obligations imposed under the Property
Code; and
(2) the terms of any contract.
(d-1) The department may assess an administrative penalty
against a facility under this section only if the facility
intentionally or repeatedly disregarded the department's
guidelines for appropriate placement.
(f) The process described by this section is the
department's sole remedy for requiring the discharge of a resident
from an assisted living facility if a department inspector
determines that a resident is inappropriately placed at a facility.
SECTION 2. Section 247.068, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A department employee may not retaliate against an
assisted living facility, an employee of an assisted living
facility, or a person in control of an assisted living facility for:
(1) complaining about the conduct of a department
employee;
(2) disagreeing with a department employee about the
existence of a violation of this chapter or a rule adopted under
this chapter; or
(3) asserting a right under state or federal law.
SECTION 3. 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, 2011.