Texas 2017 - 85th Regular

Texas House Bill HB3469 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4818 KKR-D
2	2	By: Davis of Dallas H.B. No. 3469
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and registration of certain assisted
8	8	living facilities and group home facilities; authorizing the
9	9	imposition of a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 247.002, Health and Safety Code, is
12	12	amended by amending Subdivision (1) and adding Subdivision (4-b) to
13	13	read as follows:
14	14	(1) "Assisted living facility" means an establishment
15	15	that:
16	16	(A) furnishes, in one or more facilities, food
17	17	and shelter to:
18	18	(i) four or more persons who are unrelated
19	19	to the proprietor of the establishment; or
20	20	(ii) at least one and fewer than four
21	21	persons who are unrelated to the proprietor of the establishment
22	22	and at least one of whom has Alzheimer's disease or dementia;
23	23	(B) provides:
24	24	(i) personal care services; or
25	25	(ii) administration of medication by a
26	26	person licensed or otherwise authorized in this state to administer
27	27	the medication;
28	28	(C) may provide assistance with or supervision of
29	29	the administration of medication; and
30	30	(D) may provide skilled nursing services for the
31	31	following limited purposes:
32	32	(i) coordination of resident care with
33	33	outside home and community support services agencies and other
34	34	health care professionals;
35	35	(ii) provision or delegation of personal
36	36	care services and medication administration as described by this
37	37	subdivision;
38	38	(iii) assessment of residents to determine
39	39	the care required; and
40	40	(iv) for periods of time as established by
41	41	commission [department] rule, delivery of temporary skilled
42	42	nursing treatment for a minor illness, injury, or emergency.
43	43	(4-b) "Group home facility" means an establishment
44	44	that otherwise meets the definition of an assisted living facility,
45	45	except that the establishment furnishes food and shelter to three
46	46	or fewer persons who are unrelated to the proprietor of the
47	47	establishment.
48	48	SECTION 2. Subchapter B, Chapter 247, Health and Safety
49	49	Code, is amended by adding Section 247.02101 to read as follows:
50	50	Sec. 247.02101. GROUP HOME FACILITY; REGISTRATION
51	51	REQUIRED. (a) A group home facility shall register with the
52	52	commission in the form and manner provided by commission rule.
53	53	(b) A group home facility that fails to register with the
54	54	commission under this section is subject to a civil penalty under
55	55	Section 247.045.
56	56	SECTION 3. Section 247.029, Health and Safety Code, is
57	57	amended by amending Subsection (d) and adding Subsections (e) and
58	58	(f) to read as follows:
59	59	(d) The executive commissioner by rule shall adopt
60	60	definitions [a definition] of "Alzheimer's disease and related
61	61	disorders[,]" and "dementia," and may adopt by reference a
62	62	definition published in a generally accepted clinical resource for
63	63	medical professionals. The executive commissioner shall modify the
64	64	definition as necessary to conform to changes in medical practice.
65	65	(e) The executive commissioner shall adopt rules providing
66	66	for the licensing and operation of an assisted living facility
67	67	described by Section 247.002(1)(A)(ii). The rules must require a
68	68	facility to:
69	69	(1) employ at least one caregiver who:
70	70	(A) has training or experience in providing care
71	71	to persons with Alzheimer's disease or dementia; and
72	72	(B) is able to provide adequate treatment and
73	73	care for each resident with Alzheimer's disease or dementia at the
74	74	facility;
75	75	(2) implement security measures to ensure that
76	76	residents with Alzheimer's disease or dementia do not leave the
77	77	institution unaccompanied or unassisted;
78	78	(3) ensure that a resident leaves the facility only
79	79	when accompanied by:
80	80	(A) a person authorized to accompany the resident
81	81	by the individual responsible for the resident; or
82	82	(B) a medical transportation provider who is
83	83	transporting a resident for scheduled health care services;
84	84	(4) maintain an operational nonwireless telephone
85	85	line at the facility with a telephone number listed in the name of
86	86	the facility or of the controlling person;
87	87	(5) provide:
88	88	(A) bedrooms with sufficient square footage and
89	89	floor space;
90	90	(B) a social-diversional area; and
91	91	(C) appropriate activities for residents;
92	92	(6) obtain permission from the individual responsible
93	93	for a resident before handling the resident's personal finances or
94	94	accepting from a resident money or gifts of financial value;
95	95	(7) maintain regular contact with the individual
96	96	responsible for the resident; and
97	97	(8) refrain from contacting a former resident, an
98	98	individual responsible for a former resident, or an assisted living
99	99	facility where a former resident currently resides.
100	100	(f) An assisted living facility described by Section
101	101	247.002(1)(A)(ii) may not have residing at the facility
102	102	simultaneously a resident with a severe mental illness and a
103	103	resident with Alzheimer's disease or dementia.
104	104	SECTION 4. Section 247.050, Health and Safety Code, is
105	105	repealed.
106	106	SECTION 5. The executive commissioner of the Health and
107	107	Human Services Commission shall adopt rules:
108	108	(1) necessary to implement Section 247.02101, Health
109	109	and Safety Code, as added by this Act, not later than January 1,
110	110	2018; and
111	111	(2) required by Section 247.029, Health and Safety
112	112	Code, as amended by this Act, not later than June 1, 2018.
113	113	SECTION 6. A person is not required to comply with:
114	114	(1) Section 247.02101, Health and Safety Code, as
115	115	added by this Act, until January 1, 2018; and
116	116	(2) Section 247.029, Health and Safety Code, as
117	117	amended by this Act, until June 1, 2018.
118	118	SECTION 7. This Act takes effect September 1, 2017.