2015S0485-1 03/13/15
By: Menéndez S.B. No. 1999
A BILL TO BE ENTITLED
AN ACT
relating to adult day care.
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) a day activity and health services [an adult
day-care] facility licensed under Chapter 103, Human Resources
Code.
SECTION 2. Section 164.003(5), Health and Safety Code, 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) a day activity and health services [an adult
day-care facility or adult day health care] facility as defined by
Section 103.003, Human Resources Code.
SECTION 3. Section 250.001(3), Health and Safety Code, as
amended by Chapters 605 (S.B. 944) and 1168 (S.B. 492), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(3) "Facility" means:
(A) a nursing home, 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) a day activity and health services [an adult
day care] facility licensed by the Department of Aging and
Disability Services under Chapter 103, Human Resources Code;
(E) a facility for persons with mental
retardation 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 or mental retardation
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; [or]
(K) a mental health service unit of a hospital
licensed under Chapter 241; or
(L) [(K)] a prescribed pediatric extended care
center licensed by the Department of Aging and Disability Services
under Chapter 248A.
SECTION 4. The heading to Chapter 103, Human Resources
Code, is amended to read as follows:
CHAPTER 103. DAY ACTIVITY AND HEALTH SERVICES [ADULT DAY CARE]
SECTION 5. Sections 103.001 and 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 day activity and health services
[adult day care and day health care] that will enable elderly and
handicapped persons with medical or functional impairments 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 and
handicapped persons 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 day activity and health
services [adult day 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
Day Activity and Health Services [Adult Day Care] Act.
SECTION 6. Sections 103.003(1) and (2), Human Resources
Code, are amended to read as follows:
(1) "Day activity and health services [Adult day-care]
facility" means a facility that provides services under a day
activity and health services [an adult day-care] program on a daily
or regular basis but not overnight to four or more elderly or
handicapped persons who are not related by blood, marriage, or
adoption to the owner of the facility.
(2) "Day activity and health services [Adult 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 7. Section 103.0041(a), Human Resources Code, is
amended to read as follows:
(a) A person may not operate a day activity and health
services [an adult day-care] facility without a license issued
under this chapter.
SECTION 8. Section 103.006(a), Human Resources Code, is
amended to read as follows:
(a) The department shall issue a license to operate a day
activity and health services [an adult day-care] facility to a
person who has met the application requirements and received
approval after an on-site inspection.
SECTION 9. Section 103.007(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate a day activity and
health services [an adult day-care] facility must file an
application on a form prescribed by the department together with a
license fee of $50.
SECTION 10. Section 103.0075(a), Human Resources Code, is
amended to read as follows:
(a) The department by rule shall adopt a procedure under
which a person proposing to construct or modify a day activity and
health services [an adult 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
department shall set reasonable deadlines by which the department
must complete review of submitted plans.
SECTION 11. 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 day activity and health
services facility [adult day-care] residents.
SECTION 12. Section 103.0092(a), Human Resources Code, is
amended to read as follows:
(a) If the department finds a day activity and health
services [an adult 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 13. 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 a day activity and health
services [an adult day 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 day activity and
health services [adult day care] facility to implement and enforce
the applicable provisions of Chapter 102 of this code.
SECTION 14. 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 a day activity and health services [an adult
day-care] facility; or
(B) any portion of the premises of a day activity
and health services [an adult 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 15. 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 a day activity and health services [an adult 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) A day activity and health services [An adult 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 16. 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 day activity and health
services [adult 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 day activity and health services [adult 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 17. 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.