Texas 2017 85th Regular

Texas House Bill HB2025 House Committee Report / Bill

Filed 02/02/2025

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                    85R24953 LED-D
 By: Davis of Dallas H.B. No. 2025
 Substitute the following for H.B. No. 2025:
 By:  Miller C.S.H.B. No. 2025


 A BILL TO BE ENTITLED
 AN ACT
 relating to staffing requirements for certain facilities that
 provide care to persons with Alzheimer's disease or related
 disorders; authorizing an administrative penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 242.0665(b), Health and Safety Code, is
 amended to read as follows:
 (b)  Subsection (a) does not apply:
 (1)  to a violation that the department determines:
 (A)  results in serious harm to or death of a
 resident;
 (B)  constitutes a serious threat to the health or
 safety of a resident; or
 (C)  substantially limits the institution's
 capacity to provide care;
 (2)  to a violation described by Sections
 242.066(a)(2)-(7);
 (3)  to a violation of Section 260A.014 or 260A.015;
 [or]
 (4)  to a violation of a right of a resident adopted
 under Subchapter L; or
 (5)  to a second or subsequent violation of Section
 326.002 that occurs before the second anniversary of the date of the
 first violation.
 SECTION 2.  Section 247.0452(b), Health and Safety Code, is
 amended to read as follows:
 (b)  Subsection (a) does not apply:
 (1)  to a violation that the department determines
 results in serious harm to or death of a resident;
 (2)  to a violation described by Sections
 247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
 (3)  to a second or subsequent violation of:
 (A)  a right of the same resident under Section
 247.064; or
 (B)  the same right of all residents under Section
 247.064; [or]
 (4)  to a violation described by Section 247.066, which
 contains its own right to correct provisions; or
 (5)  to a second or subsequent violation of Section
 326.002 that occurs before the second anniversary of the date of the
 first violation.
 SECTION 3.  Subtitle G, Title 4, Health and Safety Code, is
 amended by adding Chapter 326 to read as follows:
 CHAPTER 326. STAFFING REQUIREMENTS FOR FACILITIES PROVIDING CARE TO
 PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DISORDERS
 Sec. 326.001.  DEFINITIONS. In this chapter:
 (1)  "Commission" means the Health and Human Services
 Commission.
 (2)  "Facility" means:
 (A)  a nursing facility licensed under Chapter
 242;
 (B)  a continuing care facility regulated under
 Chapter 246;
 (C)  an assisted living facility licensed under
 Chapter 247;
 (D)  a day activity and health services facility
 licensed under Chapter 103, Human Resources Code;
 (E)  an establishment subject to Chapter 105,
 Human Resources Code;
 (F)  a community home qualified under Chapter 123,
 Human Resources Code; and
 (G)  an adult foster care provider that contracts
 with the commission.
 Sec. 326.002.  WRITTEN POLICY REQUIRED. A facility shall
 adopt, implement, and enforce a written policy that:
 (1)  requires a facility employee who provides direct
 care to a person with Alzheimer's disease or a related disorder to
 successfully complete training in the provision of care to persons
 with Alzheimer's disease and related disorders; and
 (2)  ensures the care and services provided by a
 facility employee to a person with Alzheimer's disease or a related
 disorder meet the specific identified needs of the person relating
 to the person's diagnosis of Alzheimer's disease or a related
 disorder.
 Sec. 326.003.  ENFORCEMENT. (a) The commission may assess
 an administrative penalty against a facility for a violation of
 Section 326.002.
 (b)  The commission is not required to provide a facility an
 opportunity to correct a second or subsequent violation of Section
 326.002 that occurs before the second anniversary of the date of the
 first violation.
 (c)  A violation of Section 326.002 constitutes a violation
 of the law regulating a facility, and the commission may initiate
 for the violation any other enforcement action authorized by that
 law against the facility, including an adult foster care facility
 with three or fewer beds.
 Sec. 326.004.  RULES. The executive commissioner shall
 adopt rules related to the administration and implementation of
 this chapter.
 SECTION 4.  Section 103.013(b), Human Resources Code, is
 amended to read as follows:
 (b)  Subsection (a) does not apply to:
 (1)  a violation that the department determines:
 (A)  results in serious harm to or death of a
 person attending the facility;
 (B)  constitutes a serious threat to the health
 and safety of a person attending the facility; or
 (C)  substantially limits the facility's capacity
 to provide care;
 (2)  a violation described by Sections
 103.012(a)(2)-(7); [or]
 (3)  a violation of Section 103.011; or
 (4)  a second or subsequent violation of Section
 326.002 that occurs before the second anniversary of the date of the
 first violation.
 SECTION 5.  Chapter 326, Health and Safety Code, as added by
 this Act, does not affect the terms of a contract entered into
 before the effective date of this Act, except that if the contract
 is renewed, modified, or extended on or after the effective date of
 this Act, Chapter 326 applies to the contract beginning on the date
 of renewal, modification, or extension.
 SECTION 6.  This Act takes effect September 1, 2017.