Texas 2021 - 87th Regular

Texas House Bill HB3268 Compare Versions

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

Old	New	Differences
1	1	87R8720 MCF-D
2	2	By: Davis H.B. No. 3268
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to registration of certain establishments providing
8	8	assisted living services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle B, Title 4, Health and
11	11	Safety Code, is amended to read as follows:
12	12	SUBTITLE B. LICENSING AND REGULATION OF HEALTH FACILITIES
13	13	SECTION 2. The heading to Chapter 247, Health and Safety
14	14	Code, is amended to read as follows:
15	15	CHAPTER 247. ASSISTED LIVING FACILITIES AND SIMILAR ASSISTED
16	16	LIVING SERVICE ESTABLISHMENTS
17	17	SECTION 3. Subchapter D, Chapter 247, Health and Safety
18	18	Code, is amended by adding Section 247.072 to read as follows:
19	19	Sec. 247.072. REGISTRATION OF ASSISTED LIVING SERVICE
20	20	ESTABLISHMENTS. (a) In this section, "assisted living service
21	21	establishment" means an establishment, other than an assisted
22	22	living facility licensed under Section 247.021, that:
23	23	(1) furnishes, in one or more facilities, food and
24	24	shelter to one or more persons who are unrelated to the proprietor
25	25	of the establishment;
26	26	(2) provides:
27	27	(A) personal care services; or
28	28	(B) administration of medication by a person
29	29	licensed or otherwise authorized in this state to administer the
30	30	medication;
31	31	(3) may provide assistance with or supervision of the
32	32	administration of medication; and
33	33	(4) may provide skilled nursing services for the
34	34	following limited purposes:
35	35	(A) coordination of resident care with outside
36	36	home and community support services agencies and other health care
37	37	professionals;
38	38	(B) provision or delegation of personal care
39	39	services and medication administration as described by Subdivision
40	40	(2);
41	41	(C) assessment of residents to determine the care
42	42	required; and
43	43	(D) for periods authorized by commission rule,
44	44	delivery of temporary skilled nursing treatment for a minor
45	45	illness, injury, or emergency.
46	46	(b) A person may not establish or operate an assisted living
47	47	service establishment unless the person registers the
48	48	establishment with the commission and complies with commission
49	49	rules related to the establishment.
50	50	(c) The executive commissioner shall adopt rules necessary
51	51	to protect the public health and safety and to implement this
52	52	section.
53	53	(d) A person who violates this section and rules adopted
54	54	under this section is subject to the enforcement provisions of
55	55	Subchapter C.
56	56	SECTION 4. Not later than December 1, 2021, the executive
57	57	commissioner of the Health and Human Services Commission shall
58	58	adopt any rules necessary to implement Section 247.072, Health and
59	59	Safety Code, as added by this Act.
60	60	SECTION 5. Notwithstanding Section 247.072, Health and
61	61	Safety Code, as added by this Act, a person is not required to
62	62	register an establishment to which that section applies until
63	63	January 1, 2022.
64	64	SECTION 6. This Act takes effect September 1, 2021.