By: Zerwas, et al. (Senate Sponsor - Uresti) H.B. No. 1769
(In the Senate - Received from the House April 20, 2015;
April 23, 2015, read first time and referred to Committee on Health
and Human Services; May 6, 2015, reported favorably by the
following vote: Yeas 9, Nays 0; May 6, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
SchwertnerX
KolkhorstX
CampbellX
EstesX
PerryX
RodrÃguezX
TaylorofCollinX
UrestiX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to requirements for assisted living facility license
applicants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.022, Health and Safety Code, is
amended by adding Subsections (d), (e), and (f) to read as follows:
(d) An assisted living facility license applicant in good
standing may request an initial license that does not require an
on-site health inspection. The department may not require the
applicant to admit a resident to the facility before the department
issues the license. The department shall require the license
applicant to submit for approval policies and procedures,
verification of employee background checks, and employee
credentials.
(e) The department shall conduct a survey of a facility
issued an initial license under Subsection (d) not later than the
90th day after the date on which the department issues the license
to the facility. Until the department conducts the survey, the
facility shall disclose to all residents and prospective residents
that the department has not yet conducted the survey required by
this subsection.
(f) For purposes of this section, a license applicant is in
"good standing" if:
(1) the license applicant, or the controlling person
of the license applicant if the license applicant is a newly formed
business entity, has operated or been the controlling person of an
assisted living facility in this state for six consecutive years;
and
(2) each assisted living facility operated by the
license applicant, or operated or controlled by a controlling
person of the license applicant if the license applicant is a newly
formed business entity:
(A) has not had a violation that resulted in
actual harm to a resident or that posed an immediate threat of harm
causing, or likely to cause, serious injury, impairment, or death
of a resident; and
(B) in the six years preceding the date on which
the license applicant submits the application, has not had a
sanction imposed by the department against the facility, including:
(i) the imposition of a civil or
administrative penalty or an injunction;
(ii) the denial, suspension, or revocation
of a license; or
(iii) an emergency closure.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the change in law made by this Act.
SECTION 3. This Act takes effect September 1, 2015.
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