TX
Texas House Bill HB1769

Texas 2015 - 84th Regular

Texas House Bill HB1769 Compare Versions

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1-By: Zerwas, et al. (Senate Sponsor - Uresti) H.B. No. 1769
2- (In the Senate - Received from the House April 20, 2015;
3- April 23, 2015, read first time and referred to Committee on Health
4- and Human Services; May 6, 2015, reported favorably by the
5- following vote: Yeas 9, Nays 0; May 6, 2015, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 1769
72
83
9- COMMITTEE VOTE
10- YeaNayAbsentPNV
11- SchwertnerX
12- KolkhorstX
13- CampbellX
14- EstesX
15- PerryX
16- RodríguezX
17- TaylorofCollinX
18- UrestiX
19- ZaffiriniX
20- A BILL TO BE ENTITLED
214 AN ACT
225 relating to requirements for assisted living facility license
236 applicants.
247 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
258 SECTION 1. Section 247.022, Health and Safety Code, is
269 amended by adding Subsections (d), (e), and (f) to read as follows:
2710 (d) An assisted living facility license applicant in good
2811 standing may request an initial license that does not require an
2912 on-site health inspection. The department may not require the
3013 applicant to admit a resident to the facility before the department
3114 issues the license. The department shall require the license
3215 applicant to submit for approval policies and procedures,
3316 verification of employee background checks, and employee
3417 credentials.
3518 (e) The department shall conduct a survey of a facility
3619 issued an initial license under Subsection (d) not later than the
3720 90th day after the date on which the department issues the license
3821 to the facility. Until the department conducts the survey, the
3922 facility shall disclose to all residents and prospective residents
4023 that the department has not yet conducted the survey required by
4124 this subsection.
4225 (f) For purposes of this section, a license applicant is in
4326 "good standing" if:
4427 (1) the license applicant, or the controlling person
4528 of the license applicant if the license applicant is a newly formed
4629 business entity, has operated or been the controlling person of an
4730 assisted living facility in this state for six consecutive years;
4831 and
4932 (2) each assisted living facility operated by the
5033 license applicant, or operated or controlled by a controlling
5134 person of the license applicant if the license applicant is a newly
5235 formed business entity:
5336 (A) has not had a violation that resulted in
5437 actual harm to a resident or that posed an immediate threat of harm
5538 causing, or likely to cause, serious injury, impairment, or death
5639 of a resident; and
5740 (B) in the six years preceding the date on which
5841 the license applicant submits the application, has not had a
5942 sanction imposed by the department against the facility, including:
6043 (i) the imposition of a civil or
6144 administrative penalty or an injunction;
6245 (ii) the denial, suspension, or revocation
6346 of a license; or
6447 (iii) an emergency closure.
6548 SECTION 2. As soon as practicable after the effective date
6649 of this Act, the executive commissioner of the Health and Human
6750 Services Commission shall adopt the rules necessary to implement
6851 the change in law made by this Act.
6952 SECTION 3. This Act takes effect September 1, 2015.
70- * * * * *
53+ ______________________________ ______________________________
54+ President of the Senate Speaker of the House
55+ I certify that H.B. No. 1769 was passed by the House on April
56+ 17, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not
57+ voting.
58+ ______________________________
59+ Chief Clerk of the House
60+ I certify that H.B. No. 1769 was passed by the Senate on May
61+ 12, 2015, by the following vote: Yeas 30, Nays 0.
62+ ______________________________
63+ Secretary of the Senate
64+ APPROVED: _____________________
65+ Date
66+ _____________________
67+ Governor