Texas 2021 - 87th Regular

Texas House Bill HB1323 Compare Versions

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

Old	New	Differences
1	1	87R5399 JG-D
2	2	By: Campos H.B. No. 1323
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a state plan and requirements for nursing facilities to
8	8	provide care for persons with Alzheimer's disease and related
9	9	disorders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Effective September 1, 2031, Section 242.032(c),
12	12	Health and Safety Code, is amended to read as follows:
13	13	(c) The applicant or license holder must furnish evidence to
14	14	affirmatively establish the applicant's or license holder's ability
15	15	to comply with:
16	16	(1) minimum standards of medical care, nursing care,
17	17	and financial condition; [and]
18	18	(2) standards for the specialized care and treatment
19	19	of persons with Alzheimer's disease and related disorders; and
20	20	(3) any other applicable state or federal standard.
21	21	SECTION 2. Effective September 1, 2031, Section 242.037,
22	22	Health and Safety Code, is amended by amending Subsection (e) and
23	23	adding Subsection (f-1) to read as follows:
24	24	(e) In addition to standards or rules required by other
25	25	provisions of this chapter, the executive commissioner shall adopt
26	26	and publish and the department shall enforce minimum standards
27	27	relating to:
28	28	(1) the construction of an institution, including
29	29	plumbing, heating, lighting, ventilation, and other housing
30	30	conditions, to ensure the residents' health, safety, comfort, and
31	31	protection from fire hazard;
32	32	(2) the regulation of the number and qualification of
33	33	all personnel, including management and nursing personnel,
34	34	responsible for any part of the care given to the residents;
35	35	(3) requirements for in-service education of all
36	36	employees who have any contact with the residents;
37	37	(4) [training on the care of persons with Alzheimer's
38	38	disease and related disorders for employees who work with those
39	39	persons;
40	40	[(5)] sanitary and related conditions in an
41	41	institution and its surroundings, including water supply, sewage
42	42	disposal, food handling, and general hygiene in order to ensure the
43	43	residents' health, safety, and comfort;
44	44	(5) [(6)] the nutritional needs of each resident
45	45	according to good nutritional practice or the recommendations of
46	46	the physician attending the resident;
47	47	(6) [(7)] equipment essential to the residents' health
48	48	and welfare;
49	49	(7) [(8)] the use and administration of medication in
50	50	conformity with applicable law and rules;
51	51	(8) [(9)] care and treatment of residents and any
52	52	other matter related to resident health, safety, and welfare;
53	53	(9) [(10)] licensure of institutions; and
54	54	(10) [(11)] implementation of this chapter.
55	55	(f-1) The executive commissioner shall adopt, publish, and
56	56	enforce standards for the specialized care and treatment of persons
57	57	with Alzheimer's disease and related disorders, including training
58	58	requirements for nursing facility employees who provide that
59	59	specialized care or treatment. The executive commissioner by rule
60	60	shall adopt and modify as necessary to conform to changes in medical
61	61	practice a definition of "Alzheimer's disease and related
62	62	disorders," and may adopt by reference a definition published in a
63	63	generally accepted clinical resource for medical professionals.
64	64	The commission may periodically modify the standards as the
65	65	executive commissioner determines appropriate.
66	66	SECTION 3. The heading to Section 242.040, Health and
67	67	Safety Code, is amended to read as follows:
68	68	Sec. 242.040. CERTIFICATION REQUIREMENTS TO PROVIDE [OF
69	69	INSTITUTIONS THAT] CARE FOR PERSONS WITH ALZHEIMER'S DISEASE AND
70	70	RELATED DISORDERS.
71	71	SECTION 4. Section 242.040, Health and Safety Code, is
72	72	amended by amending Subsections (a), (b), (c), (e), and (f) and
73	73	adding Subsections (b-1) and (b-2) to read as follows:
74	74	(a) The commission [department] shall establish a system
75	75	for certifying nursing facilities [institutions] that meet
76	76	standards adopted by the executive commissioner concerning the
77	77	specialized care and treatment of persons with Alzheimer's disease
78	78	and related disorders. The commission may periodically modify the
79	79	system and standards as the executive commissioner determines
80	80	appropriate.
81	81	(b) A nursing facility may not [An institution is not
82	82	required to be certified under this section in order to] provide
83	83	care and treatment for [of] persons with Alzheimer's disease and
84	84	related disorders unless the facility holds a certification issued
85	85	under this section.
86	86	(b-1) Notwithstanding Subsection (b) and subject to
87	87	Subsection (b-2), a nursing facility is not required to hold a
88	88	certification issued under this section to provide care and
89	89	treatment for persons with Alzheimer's disease and related
90	90	disorders before January 1, 2031.
91	91	(b-2) A nursing facility that is initially licensed under
92	92	this chapter on or after January 1, 2023, must hold a certification
93	93	issued under this section to provide care and treatment for persons
94	94	with Alzheimer's disease and related disorders.
95	95	(c) The executive commissioner by rule shall [may] adopt
96	96	standards for the specialized care and treatment of persons with
97	97	Alzheimer's disease and related disorders and provide procedures
98	98	for nursing facilities [institutions] applying for certification
99	99	under this section. The rules must provide for a three-year
100	100	certification period.
101	101	(e) A nursing facility [An institution] may not advertise or
102	102	otherwise communicate that the facility [institution] is certified
103	103	by the commission [department] to provide specialized care for
104	104	persons with Alzheimer's disease or related disorders unless the
105	105	facility [institution] is certified under this section.
106	106	(f) The executive commissioner by rule shall adopt a system
107	107	under which an appropriate number of certifications issued by the
108	108	commission [department] expire on staggered dates occurring in each
109	109	three-year period. If the expiration date of a certification
110	110	changes as a result of this subsection, the commission [department]
111	111	shall prorate the certification fee relating to that certification
112	112	as appropriate. To the extent possible, the system must align the
113	113	expiration date for a nursing facility's certification under this
114	114	section with the expiration date for the facility's license under
115	115	this chapter.
116	116	SECTION 5. Subchapter B, Chapter 242, Health and Safety
117	117	Code, is amended by adding Section 242.0405 to read as follows:
118	118	Sec. 242.0405. STATE PLAN FOR CERTIFICATION OF NURSING
119	119	FACILITIES TO PROVIDE CARE FOR PERSONS WITH ALZHEIMER'S DISEASE AND
120	120	RELATED DISORDERS. (a) The commission shall develop a state plan
121	121	to certify each nursing facility in this state under Section
122	122	242.040 to provide care and treatment for persons with Alzheimer's
123	123	disease and related disorders by January 1, 2031, and after that
124	124	date require as part of licensure under this chapter that the
125	125	facilities comply with the standards formerly required for
126	126	certification under Section 242.040. The executive commissioner
127	127	must approve the state plan and shall adopt rules for implementing
128	128	the approved state plan.
129	129	(b) In developing the state plan, the commission shall:
130	130	(1) conduct a study on certifying each nursing
131	131	facility in this state under Section 242.040 by January 1, 2031; and
132	132	(2) determine and consider in implementing the state
133	133	plan the:
134	134	(A) costs and challenges;
135	135	(B) legal and technical issues; and
136	136	(C) scheduling factors and time considerations.
137	137	(c) The state plan must require that:
138	138	(1) at least 10 percent of the total number of nursing
139	139	facilities in this state be certified under Section 242.040 by
140	140	January 1, 2023;
141	141	(2) at least 25 percent of the total number of
142	142	facilities in this state be certified under Section 242.040 by
143	143	January 1, 2025;
144	144	(3) at least 50 percent of the total number of
145	145	facilities in this state be certified under Section 242.040 by
146	146	January 1, 2027;
147	147	(4) at least 75 percent of the total number of
148	148	facilities in this state be certified under Section 242.040 by
149	149	January 1, 2029; and
150	150	(5) each facility in this state as part of the
151	151	facility's license qualification meets the standards for
152	152	certification under Section 242.040 by January 1, 2031.
153	153	(d) The state plan may provide for reimbursement to nursing
154	154	facilities that become certified under Section 242.040 in amounts
155	155	based on the following schedule:
156	156	(1) for a facility that is certified by January 1,
157	157	2023, the state plan may provide for 100 percent reimbursement of
158	158	the certification costs;
159	159	(2) for a facility that is certified by January 1,
160	160	2025, the state plan may reimburse the facility in an amount not to
161	161	exceed 75 percent reimbursement of the certification costs;
162	162	(3) for a facility that is certified by January 1,
163	163	2027, the state plan may reimburse the facility in an amount not to
164	164	exceed 50 percent reimbursement of the certification costs; and
165	165	(4) for a facility that is certified by January 1,
166	166	2029, the state plan may reimburse the facility in an amount not to
167	167	exceed 25 percent reimbursement of the certification costs.
168	168	(e) The commission may use existing resources and solicit
169	169	and accept gifts, grants, and donations from any source to
170	170	implement the state plan.
171	171	(f) This section expires September 1, 2033.
172	172	SECTION 6. Section 242.202, Health and Safety Code, is
173	173	amended by amending Subsection (d) and adding Subsection (d-1) to
174	174	read as follows:
175	175	(d) The disclosure statement must contain the following
176	176	categories of information:
177	177	(1) the nursing facility's [institution's] philosophy
178	178	of care;
179	179	(2) [whether the institution is certified under
180	180	Section 242.040 for the provision of specialized care and treatment
181	181	of residents with Alzheimer's disease and related disorders;
182	182	[(3)] the preadmission, admission, and discharge
183	183	process;
184	184	(3) [(4)] resident assessment, care planning, and
185	185	implementation of the care plan;
186	186	(4) [(5)] staffing patterns, such as
187	187	resident-to-staff ratios, and staff training;
188	188	(5) [(6)] the physical environment of the facility
189	189	[institution];
190	190	(6) [(7)] resident activities;
191	191	(7) [(8)] program costs;
192	192	(8) [(9)] systems for evaluation of the facility's
193	193	[institution's] programs for residents;
194	194	(9) [(10)] family involvement in resident care; and
195	195	(10) [(11)] the toll-free telephone number maintained
196	196	by the department for acceptance of complaints against the facility
197	197	[institution].
198	198	(d-1) Before January 1, 2031, the disclosure statement must
199	199	also include a statement on whether the nursing facility is
200	200	certified under Section 242.040 for the provision of specialized
201	201	care and treatment of residents with Alzheimer's disease and
202	202	related disorders. This subsection expires September 1, 2031.
203	203	SECTION 7. Effective September 1, 2031, the following
204	204	provisions of the Health and Safety Code are repealed:
205	205	(1) Section 242.040;
206	206	(2) Section 242.041; and
207	207	(3) Section 242.201.
208	208	SECTION 8. Not later than September 1, 2022, the Health and
209	209	Human Services Commission shall develop, and the executive
210	210	commissioner of the commission shall approve and adopt, rules for
211	211	implementing the state plan required by Section 242.0405, Health
212	212	and Safety Code, as added by this Act.
213	213	SECTION 9. As soon as practicable after the effective date
214	214	of this Act, the executive commissioner of the Health and Human
215	215	Services Commission shall adopt the rules necessary to implement
216	216	the changes in law made by this Act.
217	217	SECTION 10. Except as otherwise provided by this Act, this
218	218	Act takes effect September 1, 2021.