Texas 2021 - 87th Regular

Texas House Bill HB1224 Compare Versions

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

Old	New	Differences
1	1	87R5400 SCL-D
2	2	By: Campos H.B. No. 1224
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of referral agencies for assisted living
8	8	facilities; providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 247, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. REFERRAL AGENCIES
13	13	Sec. 247.151. DEFINITIONS. In this subchapter:
14	14	(1) "Client" means an individual seeking assistance
15	15	with entering into an arrangement with an assisted living facility
16	16	through a referral agency.
17	17	(2) "Referral agency" means a person who for
18	18	compensation provides client referral services to individuals or
19	19	assisted living facilities.
20	20	Sec. 247.152. DISCLOSURE REQUIRED. (a) A referral agency
21	21	shall provide a written disclosure statement to each client before
22	22	referring the client to an assisted living facility. A referral
23	23	agency that only provides information to an individual is not
24	24	required to provide the statement to the individual.
25	25	(b) The disclosure statement must contain the following
26	26	information:
27	27	(1) the name, address, and telephone number of the
28	28	referral agency;
29	29	(2) the services the referral agency provides to the
30	30	client;
31	31	(3) the fee amount the referral agency charges to the
32	32	client;
33	33	(4) the fee amount the referral agency charges to the
34	34	referred assisted living facility;
35	35	(5) the date of the most recent visit by referral
36	36	agency personnel to the referred assisted living facility;
37	37	(6) a statement on whether the referral agency or its
38	38	personnel have an ownership interest in the referred assisted
39	39	living facility;
40	40	(7) a statement acknowledging the client may cease
41	41	using the referral agency without the agency assessing a penalty or
42	42	cancellation fee against the client;
43	43	(8) a statement that the client is not required to
44	44	enter into an agreement with the referred assisted living facility;
45	45	and
46	46	(9) lines for the client's name and the date on which
47	47	the referral agency provided the disclosure statement to the
48	48	client.
49	49	Sec. 247.153. INTAKE FORM. (a) A referral agency shall
50	50	complete a standardized intake form for each client before
51	51	referring the client to an assisted living facility. A referral
52	52	agency that only provides information to an individual is not
53	53	required to complete the intake form for the individual.
54	54	(b) The executive commissioner by rule shall prescribe a
55	55	standardized intake form for use under this section.
56	56	(c) The intake form must contain the following information
57	57	regarding the client:
58	58	(1) recent medical history relevant to the referral
59	59	process;
60	60	(2) known medications and medication management
61	61	needs;
62	62	(3) known medical diagnosis, health concerns, and
63	63	reasons for seeking a referral to an assisted living facility;
64	64	(4) behaviors or symptoms that may cause concern or
65	65	require special care;
66	66	(5) any mental illness, dementia, or developmental
67	67	disability diagnosis;
68	68	(6) daily living assistance needs, activity
69	69	preferences, and sleeping habits;
70	70	(7) particular cultural or language access needs and
71	71	accommodations;
72	72	(8) geographic location and other important client
73	73	preferences, such as food and daily routine; and
74	74	(9) basic financial information and the availability
75	75	of any long-term care insurance or financial assistance, including
76	76	Medicaid, that may be helpful in defining assisted living facility
77	77	options for the client.
78	78	Sec. 247.154. GENERAL FACILITY INFORMATION. (a) Before
79	79	referring a client to an assisted living facility, a referral
80	80	agency shall consult with a representative of the facility and
81	81	obtain the following general information:
82	82	(1) the type and number of the facility's license;
83	83	(2) whether the facility's license authorizes the
84	84	facility to provide care to individuals with a mental illness,
85	85	dementia, or developmental disability;
86	86	(3) sources of payment the facility accepts, including
87	87	whether the facility accepts Medicaid;
88	88	(4) general level of medication management services
89	89	the facility provides;
90	90	(5) general level and types of personal care services
91	91	the facility provides;
92	92	(6) particular cultural needs the facility
93	93	accommodates or may accommodate;
94	94	(7) primary and secondary languages spoken by the
95	95	facility's care providers;
96	96	(8) activities the facility typically provides;
97	97	(9) client behavioral problems or symptoms the
98	98	facility is or is not equipped to address;
99	99	(10) food preferences and special diets the facility
100	100	accommodates or may accommodate; and
101	101	(11) other available special care or services.
102	102	(b) A referral agency at least annually shall consult with
103	103	and obtain from an assisted living facility the information
104	104	required under Subsection (a).
105	105	Sec. 247.155. FACILITY VIOLATION STATUS. (a) Before
106	106	referring a client to an assisted living facility, a referral
107	107	agency shall conduct a search of the commission's Internet website
108	108	and inform the client in writing whether the assisted living
109	109	facility is listed on the website for a violation of licensing
110	110	requirements.
111	111	(b) A referral agency must conduct the search described by
112	112	Subsection (a) not earlier than 30 days before the date the agency
113	113	provides the information to the client.
114	114	Sec. 247.156. AGENCY REFERRALS. To the extent practicable,
115	115	a referral agency shall refer a client to an assisted living
116	116	facility that appears, in the best judgment of the agency, to meet
117	117	the client's identified needs.
118	118	Sec. 247.157. CIVIL PENALTY. (a) At the request of the
119	119	commission, the attorney general shall bring an action to collect a
120	120	civil penalty from a referral agency that violates this subchapter.
121	121	(b) The civil penalty may not exceed $1,000 for each
122	122	violation. Each day of a continuing violation constitutes a
123	123	separate violation.
124	124	Sec. 247.158. RULES. The executive commissioner may adopt
125	125	rules necessary to implement this subchapter.
126	126	SECTION 2. As soon as practicable after the effective date
127	127	of this Act, the executive commissioner of the Health and Human
128	128	Services Commission shall adopt rules necessary to implement
129	129	Subchapter F, Chapter 247, Health and Safety Code, as added by this
130	130	Act.
131	131	SECTION 3. This Act takes effect September 1, 2021.