84R31315 KKR-D
By: Menéndez S.B. No. 1999
(Coleman)
Substitute the following for S.B. No. 1999: No.
A BILL TO BE ENTITLED
AN ACT
relating to adult day services facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.951(a), Government Code, is amended
to read as follows:
(a) This subchapter applies only to the final licensing,
listing, or registration decisions of a health and human services
agency with respect to a person under the law authorizing the agency
to regulate the following types of persons:
(1) a youth camp licensed under Chapter 141, Health
and Safety Code;
(2) a home and community support services agency
licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed under Chapter 241, Health and
Safety Code;
(4) an institution licensed under Chapter 242, Health
and Safety Code;
(5) an assisted living facility licensed under Chapter
247, Health and Safety Code;
(6) a special care facility licensed under Chapter
248, Health and Safety Code;
(7) an intermediate care facility licensed under
Chapter 252, Health and Safety Code;
(8) a chemical dependency treatment facility licensed
under Chapter 464, Health and Safety Code;
(9) a mental hospital or mental health facility
licensed under Chapter 577, Health and Safety Code;
(10) a child-care facility or child-placing agency
licensed under or a family home listed or registered under Chapter
42, Human Resources Code; or
(11) an adult day services [day-care] facility
licensed under Chapter 103, Human Resources Code.
SECTION 2. Section 81.042(e), Health and Safety Code, is
amended to read as follows:
(e) The following persons shall report to the local health
authority or the department a suspected case of a reportable
disease and all information known concerning the person who has or
is suspected of having the disease if a report is not made as
required by Subsections (a)-(d):
(1) a professional registered nurse;
(2) an administrator or director of a public or
private temporary or permanent child-care facility;
(3) an administrator or director of a nursing home,
personal care home, adult respite care center, or adult day
services facility [day-care center];
(4) an administrator of a home health agency;
(5) an administrator or health official of a public or
private institution of higher education;
(6) an owner or manager of a restaurant, dairy, or
other food handling or processing establishment or outlet;
(7) a superintendent, manager, or health official of a
public or private camp, home, or institution;
(8) a parent, guardian, or householder;
(9) a health professional;
(10) an administrator or health official of a penal or
correctional institution; or
(11) emergency medical service personnel, a peace
officer, or a firefighter.
SECTION 3. Section 164.003(5), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(5) "Mental health facility" means:
(A) a "mental health facility" as defined by
Section 571.003;
(B) a residential treatment facility, other than
a mental health facility, in which persons are treated for
emotional problems or disorders in a 24-hour supervised living
environment; and
(C) an adult day services [day-care] facility as
defined by Section 103.003, Human Resources Code.
SECTION 4. Section 250.001(3), Health and Safety Code, as
reenacted and amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
(3) "Facility" means:
(A) a nursing facility, custodial care home, or
other institution licensed by the Department of Aging and
Disability Services under Chapter 242;
(B) an assisted living facility licensed by the
Department of Aging and Disability Services under Chapter 247;
(C) a home and community support services agency
licensed under Chapter 142;
(D) an adult day services [day care] facility
licensed by the Department of Aging and Disability Services under
Chapter 103, Human Resources Code;
(E) an ICF-IID licensed under Chapter 252;
(F) an adult foster care provider that contracts
with the Department of Aging and Disability Services;
(G) a facility that provides mental health
services and that is operated by or contracts with the Department of
State Health Services;
(H) a local mental health authority designated
under Section 533.035 or a local intellectual and developmental
disability authority designated under Section 533.035;
(I) a person exempt from licensing under Section
142.003(a)(19);
(J) a special care facility licensed by the
Department of State Health Services under Chapter 248;
(K) a mental health service unit of a hospital
licensed under Chapter 241; or
(L) a prescribed pediatric extended care center
licensed by the Department of Aging and Disability Services under
Chapter 248A.
SECTION 5. The heading to Chapter 103, Human Resources
Code, is amended to read as follows:
CHAPTER 103. ADULT DAY SERVICES [CARE]
SECTION 6. Section 103.001, Human Resources Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, and Section 103.002, Human Resources Code, are
amended to read as follows:
Sec. 103.001. PURPOSE. It is the purpose of this chapter to
establish programs of quality adult day services [care and day
health care] that will enable persons with disabilities who have
medical or functional impairments and elderly persons to maintain
maximum independence and to prevent premature or inappropriate
institutionalization. It is the purpose of this chapter to provide
adequately regulated supervision for elderly persons and persons
with disabilities while enabling them to remain in a family
environment and affording the family a measure of normality in its
daily activities. The legislature intends to provide for the
development of policies and programs that will:
(1) provide alternatives to institutionalization;
(2) establish facilities for adult day services [care
and day health care] throughout the state that offer services and
are accessible to economically disadvantaged persons; and
(3) prevent inappropriate institutionalization.
Sec. 103.002. SHORT TITLE. This chapter may be cited as the
Adult Day Services [Care] Act.
SECTION 7. Section 103.003(1), Human Resources Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, and Section 103.003(2), Human Resources Code, are
amended to read as follows:
(1) "Adult day services [day-care] facility" means a
facility that provides services under an adult day services
[day-care] program on a daily or regular basis but not overnight to
four or more elderly persons or persons with disabilities who are
not related by blood, marriage, or adoption to the owner of the
facility.
(2) "Adult day services [day-care] program" means a
structured, comprehensive program that is designed to meet the
needs of adults with functional impairments through an individual
plan of care by providing health, social, and related support
services in a protective setting.
SECTION 8. Section 103.0041(a), Human Resources Code, is
amended to read as follows:
(a) A person may not operate an adult day services
[day-care] facility without a license issued under this chapter.
SECTION 9. Section 103.006(a), Human Resources Code, is
amended to read as follows:
(a) The department shall issue a license to operate an adult
day services [day-care] facility to a person who has met the
application requirements and received approval after an on-site
inspection.
SECTION 10. Section 103.007(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate an adult day
services [day-care] facility must file an application on a form
prescribed by the department together with a license fee of $50.
SECTION 11. Section 103.0075(a), Human Resources Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a) The executive commissioner by rule shall adopt a
procedure under which a person proposing to construct or modify an
adult day services [day-care] facility may submit building plans to
the department for review for compliance with the department's
architectural requirements before beginning construction or
modification. In adopting the procedure, the executive
commissioner shall set reasonable deadlines by which the department
must complete review of submitted plans.
SECTION 12. Section 103.0091(a), Human Resources Code, is
amended to read as follows:
(a) The department may petition a district court for a
temporary restraining order to restrain a continuing violation of
the standards or licensing requirements provided under this chapter
if the department finds that the violation creates an immediate
threat to the health and safety of the adult day services facility
[day-care] residents.
SECTION 13. Section 103.0092(a), Human Resources Code, is
amended to read as follows:
(a) If the department finds an adult day services [day-care]
facility operating in violation of the standards prescribed by this
chapter and the violations create an immediate threat to the health
and safety of a resident in the facility, the department shall
suspend the license or order immediate closing of all or part of the
facility.
SECTION 14. Section 103.011, Human Resources Code, is
amended to read as follows:
Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to
other rights an individual attending an adult day services [care]
facility has as a citizen, an individual who is 55 years of age or
older has the rights prescribed by Chapter 102 of this code.
(b) The department shall require each adult day services
[care] facility to implement and enforce the applicable provisions
of Chapter 102 of this code.
SECTION 15. Section 103.012(a), Human Resources Code, is
amended to read as follows:
(a) The department may assess an administrative penalty
against a person who:
(1) violates this chapter, a rule, standard, or order
adopted under this chapter, or a term of a license issued under this
chapter;
(2) makes a false statement of a material fact that the
person knows or should know is false:
(A) on an application for issuance or renewal of
a license or in an attachment to the application; or
(B) with respect to a matter under investigation
by the department;
(3) refuses to allow a representative of the
department to inspect:
(A) a book, record, or file required to be
maintained by an adult day services [day-care] facility; or
(B) any portion of the premises of an adult day
services [day-care] facility;
(4) wilfully interferes with the work of a
representative of the department or the enforcement of this
chapter;
(5) wilfully interferes with a representative of the
department preserving evidence of a violation of this chapter, a
rule, standard, or order adopted under this chapter, or a term of a
license issued under this chapter;
(6) fails to pay a penalty assessed under this chapter
not later than the 30th day after the date the assessment of the
penalty becomes final; or
(7) fails to notify the department of a change of
ownership before the effective date of the change of ownership.
SECTION 16. Sections 103.013(a) and (c), Human Resources
Code, are amended to read as follows:
(a) The department may not collect an administrative
penalty from an adult day services [day-care] facility under
Section 103.012 if, not later than the 45th day after the date the
facility receives notice under Section 103.014(c), the facility
corrects the violation.
(c) An adult day services [day-care] facility that corrects
a violation must maintain the correction. If the facility fails to
maintain the correction until at least the first anniversary after
the date the correction was made, the department may assess and
collect an administrative penalty for the subsequent violation. An
administrative penalty assessed under this subsection is equal to
three times the amount of the original penalty assessed but not
collected. The department is not required to provide the facility
with an opportunity under this section to correct the subsequent
violation.
SECTION 17. Sections 103.014(c) and (e), Human Resources
Code, are amended to read as follows:
(c) The department shall give written notice of the report
to the person charged with the violation not later than the 10th day
after the date on which the report is issued. The notice must
include:
(1) a brief summary of the charges;
(2) a statement of the amount of penalty recommended;
(3) a statement of whether the violation is subject to
correction under Section 103.013 and, if the violation is subject
to correction under that section, a statement of:
(A) the date on which the adult day services
[day-care] facility must file a plan of correction with the
department that the department shall review and may approve, if
satisfactory; and
(B) the date on which the plan of correction must
be completed to avoid assessment of the penalty; and
(4) a statement that the person charged has a right to
a hearing on the occurrence of the violation, the amount of the
penalty, or both.
(e) If the violation is subject to correction under Section
103.013, the adult day services [day-care] facility shall submit a
plan of correction to the department for approval not later than the
10th day after the date on which the notice under Subsection (c) is
received.
SECTION 18. Section 161.151(2), Human Resources Code, is
amended to read as follows:
(2) "Respite services" means support services,
including in-home services or adult day [day-care] services, that
are provided for the purpose of temporarily giving relief to a
primary caregiver who provides care to an individual with a chronic
serious health condition or disability.
SECTION 19. 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, 2015.