Texas 2015 - 84th Regular

Texas Senate Bill SB785 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Uresti S.B. No. 785
2	2	(In the Senate - Filed February 25, 2015; March 2, 2015,
3	3	read first time and referred to Committee on Health and Human
4	4	Services; April 9, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 9, Nays 0;
6	6	April 9, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 785 By: Zaffirini
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to requirements for assisted living facility license
14	14	applicants.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 247.022, Health and Safety Code, is
17	17	amended by adding Subsections (d), (e), and (f) to read as follows:
18	18	(d) An assisted living facility license applicant in good
19	19	standing may request an initial license that does not require an
20	20	on-site health inspection. The department may not require the
21	21	applicant to admit a resident to the facility before the department
22	22	issues the license. The department shall require the license
23	23	applicant to submit for approval policies and procedures,
24	24	verification of employee background checks, and employee
25	25	credentials.
26	26	(e) The department shall conduct a survey of a facility
27	27	issued an initial license under Subsection (d) not later than the
28	28	90th day after the date on which the department issues the license
29	29	to the facility. Until the department conducts the survey, the
30	30	facility shall disclose to all residents and prospective residents
31	31	that the department has not yet conducted the survey required by
32	32	this subsection.
33	33	(f) For purposes of this section, a license applicant is in
34	34	"good standing" if:
35	35	(1) the license applicant, or the controlling person
36	36	of the license applicant if the license applicant is a newly formed
37	37	business entity, has operated or been the controlling person of an
38	38	assisted living facility in this state for six consecutive years;
39	39	and
40	40	(2) each assisted living facility operated by the
41	41	license applicant, or operated or controlled by a controlling
42	42	person of the license applicant if the license applicant is a newly
43	43	formed business entity:
44	44	(A) has not had a violation that resulted in
45	45	actual harm to a resident or that posed an immediate threat of harm
46	46	causing, or likely to cause, serious injury, impairment, or death
47	47	of a resident; and
48	48	(B) in the six years preceding the date on which
49	49	the license applicant submits the application, has not had a
50	50	sanction imposed by the department against the facility, including:
51	51	(i) the imposition of a civil or
52	52	administrative penalty or an injunction;
53	53	(ii) the denial, suspension, or revocation
54	54	of a license; or
55	55	(iii) an emergency closure.
56	56	SECTION 2. As soon as practicable after the effective date
57	57	of this Act, the executive commissioner of the Health and Human
58	58	Services Commission shall adopt the rules necessary to implement
59	59	the change in law made by this Act.
60	60	SECTION 3. This Act takes effect September 1, 2015.
61	61	* * * * *