87R6926 JG-D
By: Patterson H.B. No. 3144
A BILL TO BE ENTITLED
AN ACT
relating to registration requirements and voluntary safety
standards certification for senior living facilities; authorizing
administrative penalties; imposing fees; requiring an occupational
registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 260B to read as follows:
CHAPTER 260B. SENIOR LIVING FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 260B.001. PURPOSE. The purpose of this chapter is to:
(1) register senior living facilities in this state;
(2) create a voluntary safety standards certification
program for those facilities; and
(3) provide easily accessible information to current
and prospective residents of a senior living facility on the safety
certification status of that facility.
Sec. 260B.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Common amenity" means an amenity or service
offered or provided to residents of a multiunit residential
property, including:
(A) a fitness center;
(B) concierge services;
(C) a library;
(D) common dining services;
(E) housekeeping services; and
(F) full-time security.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Resident" means an individual who resides in a
senior living facility under a lease or residential agreement as a
unit owner or tenant.
(5) "Senior living facility" means a residential
facility or a portion of a residential facility that:
(A) is managed by a single entity;
(B) generally requires a resident to be 55 years
of age or older;
(C) contains not fewer than 20 residential units
in one or more multiunit buildings that are available to rent,
lease, or own;
(D) is located on a single lot or tract of land or
on multiple contiguous lots or tracts of land; and
(E) provides common amenities.
(6) "Unit" means a physical portion of a residential
property designated for separate ownership or occupancy.
Sec. 260B.003. EXEMPTIONS. This chapter does not apply to:
(1) a nursing facility licensed under Chapter 242;
(2) an assisted living facility licensed under Chapter
247;
(3) an intermediate care facility licensed under
Chapter 252;
(4) a boarding home facility as defined by Section
260.001 that holds a permit issued as provided by Chapter 260;
(5) a supportive housing facility for elderly
individuals operated in accordance with Section 202, Housing Act of
1959 (12 U.S.C. Section 1701q);
(6) a center for independent living as defined by
Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
Section 796a);
(7) a condominium as defined by Section 82.003,
Property Code; or
(8) a facility other than a senior living facility or a
facility described by this section that is regulated by the
commission or in accordance with rules adopted by the Centers for
Medicare and Medicaid Services.
Sec. 260B.004. REGISTRY. The commission shall establish
and maintain a registry that contains information on each senior
living facility registered with the commission, including whether
the facility holds a safety standards certification issued under
Subchapter C. The information must be publicly accessible through
a web page on the commission's Internet website.
Sec. 260B.005. RULES. The executive commissioner shall
adopt rules necessary to implement this chapter.
Sec. 260B.006. COST SAVINGS. To reduce the fiscal impact of
implementing this chapter, the commission may:
(1) use information provided by a local governmental
entity or law enforcement agency in making decisions under this
chapter; and
(2) unless the commission suspects a senior living
facility is violating the safety standards developed under Section
260B.103, process a recertification request for a safety standards
certification issued under Subchapter C by conducting a partial or
full desk review to evaluate the recertification request.
SUBCHAPTER B. REGISTRATION AND DISCLOSURE REQUIREMENTS
Sec. 260B.051. REGISTRATION REQUIRED. (a) An entity may
not establish or operate a senior living facility unless the entity
registers with the commission in accordance with this subchapter.
(b) The executive commissioner by rule shall establish
procedures for registering an entity to establish or operate a
senior living facility, but may only establish registration
requirements as necessary to implement this chapter.
(c) The executive commissioner by rule may require an entity
to periodically renew a registration under this section, but may
not revoke an entity's registration unless the entity no longer
operates the senior living facility.
Sec. 260B.052. REGISTRATION AND RENEWAL FEES. (a) The
executive commissioner by rule shall set registration and renewal
fees in amounts:
(1) reasonable and necessary to cover the costs of
administering this chapter; and
(2) as appropriate, based on the number of units in the
senior living facility.
(b) All fees collected under this section are
nonrefundable.
Sec. 260B.053. DISCLOSURE OF CERTIFICATION. (a) A senior
living facility shall provide to each resident at the time the
facility provides the initial facility lease or residential
contract to the resident a written statement on whether the
facility holds a safety standards certification issued under
Subchapter C. The resident must sign and acknowledge the
statement.
(b) The executive commissioner by rule may prescribe the
format of the written statement.
SUBCHAPTER C. SAFETY STANDARDS CERTIFICATION PROGRAM
Sec. 260B.101. VOLUNTARY SAFETY STANDARDS CERTIFICATION
PROGRAM. (a) The commission shall develop and implement a
voluntary safety standards certification program to certify a
senior living facility that meets safety standards established by
commission rule.
(b) The executive commissioner shall adopt rules to
prescribe procedures governing:
(1) the issuance and maintenance of a safety standards
certification; and
(2) inspections of a senior living facility that holds
a safety standards certification to ensure the facility continues
to meet the safety standards required for certification.
Sec. 260B.102. CERTIFICATION FEES. (a) The executive
commissioner by rule shall set fees for issuing safety standards
certifications under this subchapter, including application,
inspection, certification, and renewal fees. The fees must be in
amounts:
(1) reasonable and necessary to cover the costs of
administering this chapter; and
(2) as appropriate, based on the number of units in a
senior living facility.
(b) All fees collected under this section are
nonrefundable.
Sec. 260B.103. SAFETY STANDARDS FOR CERTIFICATION. (a)
The executive commissioner shall develop and publish on the
commission's Internet website and in the Texas Register safety
standards for certification of a senior living facility under this
subchapter. The standards must address:
(1) the basic housing conditions of a facility to
ensure each resident's health, safety, comfort, and protection from
fire hazard;
(2) sanitary conditions in common areas of a facility
to ensure each resident's health, safety, and comfort;
(3) the appropriate handling and regular reporting to
residents of injuries, crimes, and unusual accidents and the
establishment of related policies and procedures necessary to
ensure the health and safety of each resident;
(4) policies and procedures for natural disasters,
infectious disease outbreaks, and other extreme risks;
(5) policies and procedures for registering facility
visitors to protect the safety of each resident;
(6) criminal history record checks of facility
personnel conducted by the facility and records of those checks;
and
(7) the rights of each resident to:
(A) speak with law enforcement officials and
report instances of criminal conduct to the officials without
obstruction or retaliation from the facility or facility personnel;
and
(B) execute the resident's advance directive or a
testamentary document without any influence from facility
personnel unless the facility is authorized under the resident's
durable medical power of attorney.
(b) In developing safety standards under Subsection (a),
the executive commissioner:
(1) may exempt from certain standards or develop
separate standards for a senior living facility with residents who
are primarily low income, that is located in a rural area, or that
is otherwise unable to meet the standards due to unique
circumstances, as determined by the executive commissioner;
(2) shall develop standards and evaluate the physical
condition of a facility based on the facility's compliance with
applicable local building codes;
(3) shall avoid creating cost burdens that may
disincentivize a facility from seeking a safety standards
certification; and
(4) shall ensure the standards preserve the
independence, privacy, and autonomy of residents.
Sec. 260B.104. INSPECTIONS; ISSUANCE; STATEMENT OF
IMPROVEMENTS. (a) The commission shall inspect each senior living
facility that submits a request to the commission for certification
under this subchapter to determine whether the facility meets the
safety standards for certification developed under Section
260B.103 and may inspect the facility at other reasonable times as
necessary to ensure compliance with this subchapter.
(b) The commission shall issue a safety standards
certification to each senior living facility that applies for and
meets the safety standards for certification.
(c) The commission shall issue a written statement
describing the improvements necessary for obtaining a safety
standards certification to a senior living facility that:
(1) requests an inspection under this section and that
the commission determines does not meet the safety standards for
certification;
(2) holds a certification but is at risk of having the
certification suspended or revoked in accordance with Section
260B.153; or
(3) has had its certification suspended or revoked for
a violation of this chapter.
Sec. 260B.105. CERTIFICATION SEAL. The commission shall
design a certification seal that visually indicates a senior living
facility has met voluntary state safety standards and shall
authorize a facility that holds a safety standards certification to
use the seal in the facility's advertising and marketing materials.
SUBCHAPTER D. GENERAL ENFORCEMENT
Sec. 260B.151. COMPLAINTS. The executive commissioner by
rule shall develop and implement procedures for receiving and
processing complaints of an alleged violation of this chapter. In
developing and implementing the procedures, the executive
commissioner shall ensure the identity of the complainant is kept
confidential.
Sec. 260B.152. INFORMAL DISPUTE RESOLUTION; COLLECTION OF
UNPAID FEES. (a) The executive commissioner by rule shall
establish an informal dispute resolution process to address a
dispute between a senior living facility and the commission
concerning:
(1) unpaid fees or penalties; and
(2) for a facility with a safety standards
certification issued under Subchapter C that is in violation of one
or more of the safety standards developed under Section 260B.103, a
statement of the safety standards violations prepared by the
commission in accordance with this section.
(b) The informal dispute resolution process established by
the executive commissioner under this section must require that:
(1) a senior living facility request informal dispute
resolution not later than the 10th day following the date on which
the commission notifies the facility of the unpaid fees or
penalties or safety standards violations;
(2) the process be completed not later than the 90th
day following the date on which the commission receives from a
senior living facility a request for informal dispute resolution;
(3) not later than the 20th business day following the
date on which a senior living facility requests informal dispute
resolution, the commission provide to the facility a copy of all
information referenced in the dispute, including any notes taken or
e-mails or messages sent by a commission employee involved with
registering or issuing a safety standards certification to the
facility, as applicable, and excluding:
(A) the name of any complainant, witness, or
informant, which must be redacted from information provided to the
facility;
(B) any information that would reasonably lead to
the identification of a complainant, witness, or informant, which
must be redacted from information provided to the facility;
(C) information obtained from or contained in the
records of the facility;
(D) information that is publicly available; or
(E) information that is confidential by law;
(4) during the process, full consideration be given to
all factual arguments raised and information provided by the senior
living facility or commission;
(5) ex parte communications concerning the substance
of any argument relating to the unpaid fees or safety standards
violations under consideration not occur between the informal
dispute resolution staff and the senior living facility or
commission;
(6) the senior living facility and commission be given
a reasonable opportunity to submit arguments and information
supporting the position of the facility or commission and to
respond to arguments and information presented against the other,
provided that the facility submits arguments and supporting
information not later than the 10th business day following the date
on which the facility receives the information described by
Subdivision (3); and
(7) the commission bear the burden of proving the
unpaid fees or penalties or safety standards violations.
(c) The commission may not delegate the commission's
responsibility to administer the informal dispute resolution
process established by this section to another state agency.
(d) A senior living facility that requests an informal
dispute resolution under this section must reimburse the commission
for any costs associated with the commission's preparation,
copying, and delivery of information requested by the facility.
(e) A statement of safety standards violations prepared by
the commission is confidential pending the outcome of the informal
dispute resolution process. Information concerning the outcome of
an inspection may be posted on any Internet website maintained by
the commission while the dispute is pending if the posting clearly
notes each finding that is in dispute.
(f) The commission may charge and the senior living facility
shall pay the reasonable costs associated with making the
redactions required by Subsections (b)(3)(A) and (B).
(g) For a senior living facility that does not request
informal dispute resolution under this section for unpaid
registration or certification fees, the commission may request the
attorney general to institute an action to collect the unpaid fees
and any accrued interest on those fees.
Sec. 260B.153. SUSPENSION OR REVOCATION OF SAFETY STANDARDS
CERTIFICATION. (a) The commission, after providing notice and
opportunity for a hearing to the senior living facility, may
suspend or revoke a safety standards certification issued under
Subchapter C if the commission determines the facility violated
this chapter or a rule or standard adopted under this chapter in a
substantial manner or more than once.
(b) The suspension or revocation of a safety standards
certification by the commission under this section and the appeal
from that action are governed by the procedures for a contested case
hearing under Chapter 2001, Government Code.
(c) The safety standards certification of a senior living
facility issued under Subchapter C is preserved until final
disposition of a contested matter under this section.
(d) A court of competent jurisdiction may not order
arbitration, whether on motion of any party or on the court's own
motion, to resolve a dispute involving the suspension or revocation
of a safety standards certification issued under Subchapter C or
the conduct with respect to which the suspension or revocation is
sought.
Sec. 260B.154. ADMINISTRATIVE PENALTY. (a) The commission
may assess an administrative penalty against a senior living
facility that:
(1) fails to register with the commission under
Section 260B.051 in a timely manner, as determined by commission
rule;
(2) fails to disclose whether the facility holds a
safety standards certification as required by Section 260B.053;
(3) knowingly makes a false statement of a material
fact:
(A) on an application for registration,
registration renewal, certification, or recertification or on
another document provided to the commission; or
(B) with respect to a matter under investigation
by the commission;
(4) misrepresents to a resident or prospective
resident, including through the use of the certification seal
designed by the commission under Section 260B.105, that the
facility holds a safety standards certification issued under
Subchapter C;
(5) applies for a safety standards certification under
Subchapter C but does not allow the commission or a representative
of the commission to conduct any necessary inspection of the
facility's records or premises;
(6) wilfully interferes with the work of the
commission or a representative of the commission in implementing or
enforcing this chapter or a rule adopted under this chapter; or
(7) fails to pay a penalty assessed against the
facility not later than the 30th day after the date the assessment
of the penalty becomes final.
(b) A penalty assessed against a senior living facility
under this section may not exceed $1,000 for each violation.
(c) The executive commissioner by rule shall establish
gradations of penalties under this section based on:
(1) the seriousness of a violation;
(2) the history of previous violations;
(3) efforts to correct a violation; and
(4) the size of a senior living facility and the entity
that registers the facility under this chapter.
(d) The commission may waive all or part of a penalty
assessed against a senior living facility under this section if the
commission determines the violation was the result of a good faith
mistake.
(e) A penalty assessed against a senior living facility
under Subsection (a)(7) is in addition to the previously assessed
penalty.
(f) A penalty collected under this section shall be
deposited in the state treasury to the credit of the general revenue
fund.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Chapter 260B, Health and Safety Code, as added by this Act.
(b) Notwithstanding Chapter 260B, Health and Safety Code,
as added by this Act, a senior living facility existing on the
effective date of this Act is not required to register under that
chapter before September 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.