85R24953 LED-D
By: Davis of Dallas, Rose 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.