86R1821 JG-D
By: Perez H.B. No. 284
A BILL TO BE ENTITLED
AN ACT
relating to disclosure requirements of certain facilities that
provide care for persons with Alzheimer's disease and related
disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0405 to read as follows:
Sec. 242.0405. NOTICE OF ALZHEIMER'S DISEASE AND RELATED
DISORDERS CERTIFICATION. (a) A nursing facility shall prepare a
written notice disclosing whether the facility is certified or is
not certified under Section 242.040 for the provision of
specialized care and treatment of residents with Alzheimer's
disease and related disorders.
(b) The nursing facility shall provide the notice described
by Subsection (a) to:
(1) each resident of the facility;
(2) each person applying for services from the
facility or the person's next of kin or guardian; and
(3) any person requesting the information.
(c) A nursing facility shall keep a record of each person to
whom notice is provided under Subsection (b).
SECTION 2. Section 242.042, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) In addition to the information displayed under
Subsection (a), each institution shall prominently and
conspicuously post for display in a public area of the institution
that is readily available to residents, employees, and visitors a
written notice described by Section 242.0405.
SECTION 3. Section 242.202(d), Health and Safety Code, is
amended to read as follows:
(d) The disclosure statement must contain the following
categories of information:
(1) the institution's philosophy of care;
(2) [whether the institution is certified under
Section 242.040 for the provision of specialized care and treatment
of residents with Alzheimer's disease and related disorders;
[(3)] the preadmission, admission, and discharge
process;
(3) [(4)] resident assessment, care planning, and
implementation of the care plan;
(4) [(5)] staffing patterns, such as
resident-to-staff ratios, and staff training;
(5) [(6)] the physical environment of the
institution;
(6) [(7)] resident activities;
(7) [(8)] program costs;
(8) [(9)] systems for evaluation of the institution's
programs for residents;
(9) [(10)] family involvement in resident care; and
(10) [(11)] the toll-free telephone number maintained
by the department for acceptance of complaints against the
institution.
SECTION 4. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0295 to read as follows:
Sec. 247.0295. NOTICE OF ALZHEIMER'S DISEASE OR RELATED
DISORDERS LICENSE CLASSIFICATION. (a) An assisted living facility
shall prepare a written notice disclosing whether the facility
holds a license or does not hold a license classified under Section
247.029 for the provision of personal care services to residents
with Alzheimer's disease or related disorders.
(b) The assisted living facility shall provide the written
notice described by Subsection (a) to:
(1) each resident of the facility;
(2) each person applying for services from the
facility or the person's next of kin or guardian; and
(3) any person requesting the information.
(c) An assisted living facility shall keep a record of each
person to whom notice is provided under Subsection (b).
(d) An assisted living facility shall prominently and
conspicuously post for display in a public area of the facility that
is readily available to residents, employees, and visitors a
written notice described by Subsection (a).
SECTION 5. Section 247.026(c-1), Health and Safety Code, is
repealed.
SECTION 6. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules to implement the changes in
law made by this Act.
SECTION 7. This Act takes effect September 1, 2019.