Texas 2021 - 87th Regular

Texas House Bill HB3144 Compare Versions

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

Old	New	Differences
1	1	87R6926 JG-D
2	2	By: Patterson H.B. No. 3144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to registration requirements and voluntary safety
8	8	standards certification for senior living facilities; authorizing
9	9	administrative penalties; imposing fees; requiring an occupational
10	10	registration.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
13	13	amended by adding Chapter 260B to read as follows:
14	14	CHAPTER 260B. SENIOR LIVING FACILITIES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 260B.001. PURPOSE. The purpose of this chapter is to:
17	17	(1) register senior living facilities in this state;
18	18	(2) create a voluntary safety standards certification
19	19	program for those facilities; and
20	20	(3) provide easily accessible information to current
21	21	and prospective residents of a senior living facility on the safety
22	22	certification status of that facility.
23	23	Sec. 260B.002. DEFINITIONS. In this chapter:
24	24	(1) "Commission" means the Health and Human Services
25	25	Commission.
26	26	(2) "Common amenity" means an amenity or service
27	27	offered or provided to residents of a multiunit residential
28	28	property, including:
29	29	(A) a fitness center;
30	30	(B) concierge services;
31	31	(C) a library;
32	32	(D) common dining services;
33	33	(E) housekeeping services; and
34	34	(F) full-time security.
35	35	(3) "Executive commissioner" means the executive
36	36	commissioner of the Health and Human Services Commission.
37	37	(4) "Resident" means an individual who resides in a
38	38	senior living facility under a lease or residential agreement as a
39	39	unit owner or tenant.
40	40	(5) "Senior living facility" means a residential
41	41	facility or a portion of a residential facility that:
42	42	(A) is managed by a single entity;
43	43	(B) generally requires a resident to be 55 years
44	44	of age or older;
45	45	(C) contains not fewer than 20 residential units
46	46	in one or more multiunit buildings that are available to rent,
47	47	lease, or own;
48	48	(D) is located on a single lot or tract of land or
49	49	on multiple contiguous lots or tracts of land; and
50	50	(E) provides common amenities.
51	51	(6) "Unit" means a physical portion of a residential
52	52	property designated for separate ownership or occupancy.
53	53	Sec. 260B.003. EXEMPTIONS. This chapter does not apply to:
54	54	(1) a nursing facility licensed under Chapter 242;
55	55	(2) an assisted living facility licensed under Chapter
56	56	247;
57	57	(3) an intermediate care facility licensed under
58	58	Chapter 252;
59	59	(4) a boarding home facility as defined by Section
60	60	260.001 that holds a permit issued as provided by Chapter 260;
61	61	(5) a supportive housing facility for elderly
62	62	individuals operated in accordance with Section 202, Housing Act of
63	63	1959 (12 U.S.C. Section 1701q);
64	64	(6) a center for independent living as defined by
65	65	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
66	66	Section 796a);
67	67	(7) a condominium as defined by Section 82.003,
68	68	Property Code; or
69	69	(8) a facility other than a senior living facility or a
70	70	facility described by this section that is regulated by the
71	71	commission or in accordance with rules adopted by the Centers for
72	72	Medicare and Medicaid Services.
73	73	Sec. 260B.004. REGISTRY. The commission shall establish
74	74	and maintain a registry that contains information on each senior
75	75	living facility registered with the commission, including whether
76	76	the facility holds a safety standards certification issued under
77	77	Subchapter C. The information must be publicly accessible through
78	78	a web page on the commission's Internet website.
79	79	Sec. 260B.005. RULES. The executive commissioner shall
80	80	adopt rules necessary to implement this chapter.
81	81	Sec. 260B.006. COST SAVINGS. To reduce the fiscal impact of
82	82	implementing this chapter, the commission may:
83	83	(1) use information provided by a local governmental
84	84	entity or law enforcement agency in making decisions under this
85	85	chapter; and
86	86	(2) unless the commission suspects a senior living
87	87	facility is violating the safety standards developed under Section
88	88	260B.103, process a recertification request for a safety standards
89	89	certification issued under Subchapter C by conducting a partial or
90	90	full desk review to evaluate the recertification request.
91	91	SUBCHAPTER B. REGISTRATION AND DISCLOSURE REQUIREMENTS
92	92	Sec. 260B.051. REGISTRATION REQUIRED. (a) An entity may
93	93	not establish or operate a senior living facility unless the entity
94	94	registers with the commission in accordance with this subchapter.
95	95	(b) The executive commissioner by rule shall establish
96	96	procedures for registering an entity to establish or operate a
97	97	senior living facility, but may only establish registration
98	98	requirements as necessary to implement this chapter.
99	99	(c) The executive commissioner by rule may require an entity
100	100	to periodically renew a registration under this section, but may
101	101	not revoke an entity's registration unless the entity no longer
102	102	operates the senior living facility.
103	103	Sec. 260B.052. REGISTRATION AND RENEWAL FEES. (a) The
104	104	executive commissioner by rule shall set registration and renewal
105	105	fees in amounts:
106	106	(1) reasonable and necessary to cover the costs of
107	107	administering this chapter; and
108	108	(2) as appropriate, based on the number of units in the
109	109	senior living facility.
110	110	(b) All fees collected under this section are
111	111	nonrefundable.
112	112	Sec. 260B.053. DISCLOSURE OF CERTIFICATION. (a) A senior
113	113	living facility shall provide to each resident at the time the
114	114	facility provides the initial facility lease or residential
115	115	contract to the resident a written statement on whether the
116	116	facility holds a safety standards certification issued under
117	117	Subchapter C. The resident must sign and acknowledge the
118	118	statement.
119	119	(b) The executive commissioner by rule may prescribe the
120	120	format of the written statement.
121	121	SUBCHAPTER C. SAFETY STANDARDS CERTIFICATION PROGRAM
122	122	Sec. 260B.101. VOLUNTARY SAFETY STANDARDS CERTIFICATION
123	123	PROGRAM. (a) The commission shall develop and implement a
124	124	voluntary safety standards certification program to certify a
125	125	senior living facility that meets safety standards established by
126	126	commission rule.
127	127	(b) The executive commissioner shall adopt rules to
128	128	prescribe procedures governing:
129	129	(1) the issuance and maintenance of a safety standards
130	130	certification; and
131	131	(2) inspections of a senior living facility that holds
132	132	a safety standards certification to ensure the facility continues
133	133	to meet the safety standards required for certification.
134	134	Sec. 260B.102. CERTIFICATION FEES. (a) The executive
135	135	commissioner by rule shall set fees for issuing safety standards
136	136	certifications under this subchapter, including application,
137	137	inspection, certification, and renewal fees. The fees must be in
138	138	amounts:
139	139	(1) reasonable and necessary to cover the costs of
140	140	administering this chapter; and
141	141	(2) as appropriate, based on the number of units in a
142	142	senior living facility.
143	143	(b) All fees collected under this section are
144	144	nonrefundable.
145	145	Sec. 260B.103. SAFETY STANDARDS FOR CERTIFICATION. (a)
146	146	The executive commissioner shall develop and publish on the
147	147	commission's Internet website and in the Texas Register safety
148	148	standards for certification of a senior living facility under this
149	149	subchapter. The standards must address:
150	150	(1) the basic housing conditions of a facility to
151	151	ensure each resident's health, safety, comfort, and protection from
152	152	fire hazard;
153	153	(2) sanitary conditions in common areas of a facility
154	154	to ensure each resident's health, safety, and comfort;
155	155	(3) the appropriate handling and regular reporting to
156	156	residents of injuries, crimes, and unusual accidents and the
157	157	establishment of related policies and procedures necessary to
158	158	ensure the health and safety of each resident;
159	159	(4) policies and procedures for natural disasters,
160	160	infectious disease outbreaks, and other extreme risks;
161	161	(5) policies and procedures for registering facility
162	162	visitors to protect the safety of each resident;
163	163	(6) criminal history record checks of facility
164	164	personnel conducted by the facility and records of those checks;
165	165	and
166	166	(7) the rights of each resident to:
167	167	(A) speak with law enforcement officials and
168	168	report instances of criminal conduct to the officials without
169	169	obstruction or retaliation from the facility or facility personnel;
170	170	and
171	171	(B) execute the resident's advance directive or a
172	172	testamentary document without any influence from facility
173	173	personnel unless the facility is authorized under the resident's
174	174	durable medical power of attorney.
175	175	(b) In developing safety standards under Subsection (a),
176	176	the executive commissioner:
177	177	(1) may exempt from certain standards or develop
178	178	separate standards for a senior living facility with residents who
179	179	are primarily low income, that is located in a rural area, or that
180	180	is otherwise unable to meet the standards due to unique
181	181	circumstances, as determined by the executive commissioner;
182	182	(2) shall develop standards and evaluate the physical
183	183	condition of a facility based on the facility's compliance with
184	184	applicable local building codes;
185	185	(3) shall avoid creating cost burdens that may
186	186	disincentivize a facility from seeking a safety standards
187	187	certification; and
188	188	(4) shall ensure the standards preserve the
189	189	independence, privacy, and autonomy of residents.
190	190	Sec. 260B.104. INSPECTIONS; ISSUANCE; STATEMENT OF
191	191	IMPROVEMENTS. (a) The commission shall inspect each senior living
192	192	facility that submits a request to the commission for certification
193	193	under this subchapter to determine whether the facility meets the
194	194	safety standards for certification developed under Section
195	195	260B.103 and may inspect the facility at other reasonable times as
196	196	necessary to ensure compliance with this subchapter.
197	197	(b) The commission shall issue a safety standards
198	198	certification to each senior living facility that applies for and
199	199	meets the safety standards for certification.
200	200	(c) The commission shall issue a written statement
201	201	describing the improvements necessary for obtaining a safety
202	202	standards certification to a senior living facility that:
203	203	(1) requests an inspection under this section and that
204	204	the commission determines does not meet the safety standards for
205	205	certification;
206	206	(2) holds a certification but is at risk of having the
207	207	certification suspended or revoked in accordance with Section
208	208	260B.153; or
209	209	(3) has had its certification suspended or revoked for
210	210	a violation of this chapter.
211	211	Sec. 260B.105. CERTIFICATION SEAL. The commission shall
212	212	design a certification seal that visually indicates a senior living
213	213	facility has met voluntary state safety standards and shall
214	214	authorize a facility that holds a safety standards certification to
215	215	use the seal in the facility's advertising and marketing materials.
216	216	SUBCHAPTER D. GENERAL ENFORCEMENT
217	217	Sec. 260B.151. COMPLAINTS. The executive commissioner by
218	218	rule shall develop and implement procedures for receiving and
219	219	processing complaints of an alleged violation of this chapter. In
220	220	developing and implementing the procedures, the executive
221	221	commissioner shall ensure the identity of the complainant is kept
222	222	confidential.
223	223	Sec. 260B.152. INFORMAL DISPUTE RESOLUTION; COLLECTION OF
224	224	UNPAID FEES. (a) The executive commissioner by rule shall
225	225	establish an informal dispute resolution process to address a
226	226	dispute between a senior living facility and the commission
227	227	concerning:
228	228	(1) unpaid fees or penalties; and
229	229	(2) for a facility with a safety standards
230	230	certification issued under Subchapter C that is in violation of one
231	231	or more of the safety standards developed under Section 260B.103, a
232	232	statement of the safety standards violations prepared by the
233	233	commission in accordance with this section.
234	234	(b) The informal dispute resolution process established by
235	235	the executive commissioner under this section must require that:
236	236	(1) a senior living facility request informal dispute
237	237	resolution not later than the 10th day following the date on which
238	238	the commission notifies the facility of the unpaid fees or
239	239	penalties or safety standards violations;
240	240	(2) the process be completed not later than the 90th
241	241	day following the date on which the commission receives from a
242	242	senior living facility a request for informal dispute resolution;
243	243	(3) not later than the 20th business day following the
244	244	date on which a senior living facility requests informal dispute
245	245	resolution, the commission provide to the facility a copy of all
246	246	information referenced in the dispute, including any notes taken or
247	247	e-mails or messages sent by a commission employee involved with
248	248	registering or issuing a safety standards certification to the
249	249	facility, as applicable, and excluding:
250	250	(A) the name of any complainant, witness, or
251	251	informant, which must be redacted from information provided to the
252	252	facility;
253	253	(B) any information that would reasonably lead to
254	254	the identification of a complainant, witness, or informant, which
255	255	must be redacted from information provided to the facility;
256	256	(C) information obtained from or contained in the
257	257	records of the facility;
258	258	(D) information that is publicly available; or
259	259	(E) information that is confidential by law;
260	260	(4) during the process, full consideration be given to
261	261	all factual arguments raised and information provided by the senior
262	262	living facility or commission;
263	263	(5) ex parte communications concerning the substance
264	264	of any argument relating to the unpaid fees or safety standards
265	265	violations under consideration not occur between the informal
266	266	dispute resolution staff and the senior living facility or
267	267	commission;
268	268	(6) the senior living facility and commission be given
269	269	a reasonable opportunity to submit arguments and information
270	270	supporting the position of the facility or commission and to
271	271	respond to arguments and information presented against the other,
272	272	provided that the facility submits arguments and supporting
273	273	information not later than the 10th business day following the date
274	274	on which the facility receives the information described by
275	275	Subdivision (3); and
276	276	(7) the commission bear the burden of proving the
277	277	unpaid fees or penalties or safety standards violations.
278	278	(c) The commission may not delegate the commission's
279	279	responsibility to administer the informal dispute resolution
280	280	process established by this section to another state agency.
281	281	(d) A senior living facility that requests an informal
282	282	dispute resolution under this section must reimburse the commission
283	283	for any costs associated with the commission's preparation,
284	284	copying, and delivery of information requested by the facility.
285	285	(e) A statement of safety standards violations prepared by
286	286	the commission is confidential pending the outcome of the informal
287	287	dispute resolution process. Information concerning the outcome of
288	288	an inspection may be posted on any Internet website maintained by
289	289	the commission while the dispute is pending if the posting clearly
290	290	notes each finding that is in dispute.
291	291	(f) The commission may charge and the senior living facility
292	292	shall pay the reasonable costs associated with making the
293	293	redactions required by Subsections (b)(3)(A) and (B).
294	294	(g) For a senior living facility that does not request
295	295	informal dispute resolution under this section for unpaid
296	296	registration or certification fees, the commission may request the
297	297	attorney general to institute an action to collect the unpaid fees
298	298	and any accrued interest on those fees.
299	299	Sec. 260B.153. SUSPENSION OR REVOCATION OF SAFETY STANDARDS
300	300	CERTIFICATION. (a) The commission, after providing notice and
301	301	opportunity for a hearing to the senior living facility, may
302	302	suspend or revoke a safety standards certification issued under
303	303	Subchapter C if the commission determines the facility violated
304	304	this chapter or a rule or standard adopted under this chapter in a
305	305	substantial manner or more than once.
306	306	(b) The suspension or revocation of a safety standards
307	307	certification by the commission under this section and the appeal
308	308	from that action are governed by the procedures for a contested case
309	309	hearing under Chapter 2001, Government Code.
310	310	(c) The safety standards certification of a senior living
311	311	facility issued under Subchapter C is preserved until final
312	312	disposition of a contested matter under this section.
313	313	(d) A court of competent jurisdiction may not order
314	314	arbitration, whether on motion of any party or on the court's own
315	315	motion, to resolve a dispute involving the suspension or revocation
316	316	of a safety standards certification issued under Subchapter C or
317	317	the conduct with respect to which the suspension or revocation is
318	318	sought.
319	319	Sec. 260B.154. ADMINISTRATIVE PENALTY. (a) The commission
320	320	may assess an administrative penalty against a senior living
321	321	facility that:
322	322	(1) fails to register with the commission under
323	323	Section 260B.051 in a timely manner, as determined by commission
324	324	rule;
325	325	(2) fails to disclose whether the facility holds a
326	326	safety standards certification as required by Section 260B.053;
327	327	(3) knowingly makes a false statement of a material
328	328	fact:
329	329	(A) on an application for registration,
330	330	registration renewal, certification, or recertification or on
331	331	another document provided to the commission; or
332	332	(B) with respect to a matter under investigation
333	333	by the commission;
334	334	(4) misrepresents to a resident or prospective
335	335	resident, including through the use of the certification seal
336	336	designed by the commission under Section 260B.105, that the
337	337	facility holds a safety standards certification issued under
338	338	Subchapter C;
339	339	(5) applies for a safety standards certification under
340	340	Subchapter C but does not allow the commission or a representative
341	341	of the commission to conduct any necessary inspection of the
342	342	facility's records or premises;
343	343	(6) wilfully interferes with the work of the
344	344	commission or a representative of the commission in implementing or
345	345	enforcing this chapter or a rule adopted under this chapter; or
346	346	(7) fails to pay a penalty assessed against the
347	347	facility not later than the 30th day after the date the assessment
348	348	of the penalty becomes final.
349	349	(b) A penalty assessed against a senior living facility
350	350	under this section may not exceed $1,000 for each violation.
351	351	(c) The executive commissioner by rule shall establish
352	352	gradations of penalties under this section based on:
353	353	(1) the seriousness of a violation;
354	354	(2) the history of previous violations;
355	355	(3) efforts to correct a violation; and
356	356	(4) the size of a senior living facility and the entity
357	357	that registers the facility under this chapter.
358	358	(d) The commission may waive all or part of a penalty
359	359	assessed against a senior living facility under this section if the
360	360	commission determines the violation was the result of a good faith
361	361	mistake.
362	362	(e) A penalty assessed against a senior living facility
363	363	under Subsection (a)(7) is in addition to the previously assessed
364	364	penalty.
365	365	(f) A penalty collected under this section shall be
366	366	deposited in the state treasury to the credit of the general revenue
367	367	fund.
368	368	SECTION 2. (a) As soon as practicable after the effective
369	369	date of this Act, the executive commissioner of the Health and Human
370	370	Services Commission shall adopt rules necessary to implement
371	371	Chapter 260B, Health and Safety Code, as added by this Act.
372	372	(b) Notwithstanding Chapter 260B, Health and Safety Code,
373	373	as added by this Act, a senior living facility existing on the
374	374	effective date of this Act is not required to register under that
375	375	chapter before September 1, 2022.
376	376	SECTION 3. This Act takes effect September 1, 2021.