Texas 2011 - 82nd Regular

Texas House Bill HB2109 Compare Versions

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1	1	By: Truitt (Senate Sponsor - Uresti) H.B. No. 2109
2	2	(In the Senate - Received from the House May 6, 2011;
3	3	May 9, 2011, read first time and referred to Committee on Health
4	4	and Human Services; May 18, 2011, reported favorably by the
5	5	following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to agency action concerning assisted living facilities,
11	11	including regulation of inappropriate placement of residents at
12	12	facilities; providing a penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 247.066, Health and Safety Code, is
15	15	amended by adding Subsections (b-1), (d-1), (d-2), (f), (g), and
16	16	(h) and amending Subsections (c), (d), and (e) to read as follows:
17	17	(b-1) If a facility identifies a resident who the facility
18	18	believes is inappropriately placed at the facility, the facility is
19	19	not required to move the resident if the facility obtains the
20	20	written statements and waiver prescribed by Subsection (c).
21	21	(c) If [a department inspector determines that] a resident
22	22	is inappropriately placed at a facility, the facility is not
23	23	required to move the resident if, not later than the 10th business
24	24	day after the date that the facility determines or is informed of
25	25	the department's [of the specific basis of the inspector's]
26	26	determination that a resident is inappropriately placed at the
27	27	facility, the facility:
28	28	(1) obtains a written assessment from a physician that
29	29	the resident is appropriately placed;
30	30	(2) obtains a written statement:
31	31	(A) from the resident that the resident wishes to
32	32	remain in the facility; or
33	33	(B) from a family member of the resident that the
34	34	family member wishes for the resident to remain in the facility, if
35	35	the resident lacks capacity to give a statement under this
36	36	subsection;
37	37	(3) states in writing that the facility wishes for the
38	38	resident to remain in the facility; and
39	39	(4) applies for and obtains a waiver from the
40	40	department of all applicable requirements for evacuation that the
41	41	facility does not meet with respect to the resident, if the facility
42	42	does not meet all requirements for the evacuation of residents with
43	43	respect to the resident.
44	44	(d) If the [a] department [inspector] determines that a
45	45	resident is inappropriately placed at a facility and the facility
46	46	either agrees with the determination or does not obtain the written
47	47	statements and waiver prescribed by Subsection (c) that would allow
48	48	the resident to remain in the facility [notwithstanding the
49	49	determination of the inspector, the department may not assess an
50	50	administrative penalty against the facility because of the
51	51	inappropriate placement. However], the facility shall discharge
52	52	the resident. The resident is allowed 30 days after the date of
53	53	discharge to move from the facility. A discharge required under
54	54	this subsection must be made notwithstanding:
55	55	(1) any other law, including any law relating to the
56	56	rights of residents and any obligations imposed under the Property
57	57	Code; and
58	58	(2) the terms of any contract.
59	59	(d-1) If a facility is required to discharge the resident
60	60	because the facility has not obtained the written statements
61	61	prescribed by Subsection (c) or the department does not approve a
62	62	waiver based on the written statements submitted, the department
63	63	may:
64	64	(1) assess an administrative penalty against the
65	65	facility if the facility intentionally or repeatedly disregards
66	66	department criteria for obtaining a waiver for inappropriate
67	67	placement of a resident;
68	68	(2) seek an emergency suspension or closing order
69	69	against the facility under Section 247.042 if the department
70	70	determines there is a significant risk to the residents of the
71	71	facility and an immediate threat to the health and safety of the
72	72	residents; or
73	73	(3) seek other sanctions against the facility under
74	74	Subchapter C in lieu of an emergency suspension or closing order if
75	75	the department determines there is a significant risk to a resident
76	76	of the facility and an immediate threat to the health and safety of
77	77	a resident.
78	78	(d-2) The executive commissioner by rule shall develop
79	79	criteria under which the department may determine when a facility
80	80	has intentionally or repeatedly disregarded the waiver process.
81	81	(e) To facilitate obtaining the written statements required
82	82	under Subsections (b-1) and (c)(1)-(3), the department shall
83	83	develop standard forms that must be used under Subsections (b-1) or
84	84	(c)(1)-(3), as appropriate. The department shall develop criteria
85	85	under which the department will determine, based on a resident's
86	86	specific situation, whether it will grant or deny a request for a
87	87	waiver under Subsection (b-1) or (c)(4).
88	88	(f) The department shall ensure that each facility and
89	89	resident is aware of the waiver process described by Subsection (c)
90	90	for aging in place. A facility must include with the facility
91	91	disclosure statement required under Section 247.026(b)(4)(B)
92	92	information regarding the policies and procedures for aging in
93	93	place described by this section.
94	94	(g) The department, in cooperation with assisted living
95	95	service providers, shall develop cost-effective training regarding
96	96	aging in place, retaliation, and other issues determined by the
97	97	department.
98	98	(h) The department shall require surveyors, facility
99	99	supervisors, and other staff, as appropriate, to complete the
100	100	training described by Subsection (g) annually.
101	101	SECTION 2. Section 247.068, Health and Safety Code, is
102	102	amended by adding Subsection (c) to read as follows:
103	103	(c) A department employee may not retaliate against an
104	104	assisted living facility, an employee of an assisted living
105	105	facility, or a person in control of an assisted living facility for:
106	106	(1) complaining about the conduct of a department
107	107	employee;
108	108	(2) disagreeing with a department employee about the
109	109	existence of a violation of this chapter or a rule adopted under
110	110	this chapter; or
111	111	(3) asserting a right under state or federal law.
112	112	SECTION 3. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2011.
117	117	* * * * *