86R10878 SCL-D
By: Davis of Dallas H.B. No. 2873
A BILL TO BE ENTITLED
AN ACT
relating to the room placement of individuals with Alzheimer's
disease or dementia in health care facilities and correctional
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 222, Health and Safety Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING
RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA
Sec. 222.101. DEFINITIONS. In this subchapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
(3) "Health care facility" means a health care
facility licensed by the commission.
(4) "Resident" means an individual who resides in a
health care facility.
Sec. 222.102. PLACEMENT OF CERTAIN RESIDENTS. The
executive commissioner by rule shall prohibit a health care
facility from requiring a resident with Alzheimer's disease or
dementia to reside in the same room as a resident with mental
illness and a history of violence.
Sec. 222.103. DISCIPLINARY ACTION. A health care facility
that violates this subchapter or a rule adopted under this
subchapter is subject to disciplinary action by the commission as
if the facility violated an applicable licensing law.
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.032 to read as follows:
Sec. 493.032. PLACEMENT OF PERSONS WITH ALZHEIMER'S DISEASE
OR DEMENTIA. The department shall ensure that a person with
Alzheimer's disease or dementia who is in the custody of a jail or
other correctional facility operated by or under contract with the
department does not reside in the same room with an individual with
mental illness and a history of violence.
SECTION 3. Chapter 511, Government Code, is amended by
adding Section 511.022 to read as follows:
Sec. 511.022. PLACEMENT OF INMATES WITH ALZHEIMER'S DISEASE
OR DEMENTIA. The commission shall adopt rules prohibiting a
correctional facility from requiring an inmate with Alzheimer's
disease or dementia to reside in the same room as an inmate with
mental illness and a history of violence.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission and the Commission on Jail Standards shall
adopt rules necessary to implement the changes in law made by this
Act.
SECTION 5. This Act takes effect September 1, 2019.