| 1 | 1 | | 87R10698 EAS-D |
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| 2 | 2 | | By: Howard H.B. No. 3730 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of a task force to study workforce |
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| 8 | 8 | | shortages and care practices in assisted living facilities and |
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| 9 | 9 | | nursing facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. (a) In this section: |
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| 12 | 12 | | (1) "Assisted living facility" means a facility |
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| 13 | 13 | | licensed under Chapter 247, Health and Safety Code. |
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| 14 | 14 | | (2) "Commission" means the Health and Human Services |
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| 15 | 15 | | Commission. |
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| 16 | 16 | | (3) "Executive commissioner" means the executive |
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| 17 | 17 | | commissioner of the commission. |
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| 18 | 18 | | (4) "Nursing facility" means a facility licensed under |
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| 19 | 19 | | Chapter 242, Health and Safety Code. |
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| 20 | 20 | | (5) "Task force" means the task force on workforce |
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| 21 | 21 | | shortages and care practices in assisted living facilities and |
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| 22 | 22 | | nursing facilities established under this section. |
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| 23 | 23 | | (b) The task force on workforce shortages and care practices |
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| 24 | 24 | | in assisted living facilities and nursing facilities is established |
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| 25 | 25 | | to: |
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| 26 | 26 | | (1) evaluate the workforce shortages in assisted |
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| 27 | 27 | | living facilities and nursing facilities in this state; |
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| 28 | 28 | | (2) evaluate direct care staffing issues in assisted |
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| 29 | 29 | | living facilities and nursing facilities in this state; |
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| 30 | 30 | | (3) develop recommendations for legislation, |
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| 31 | 31 | | policies, short-term strategies, and long-term strategies focusing |
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| 32 | 32 | | on retention and recruitment of direct care staff in assisted |
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| 33 | 33 | | living facilities and nursing facilities to ensure an adequate |
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| 34 | 34 | | workforce is available to provide high-quality, cost-effective |
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| 35 | 35 | | care, including recommendations on: |
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| 36 | 36 | | (A) workforce engagement and advancement models; |
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| 37 | 37 | | (B) job supports and incentives; |
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| 38 | 38 | | (C) training and education initiatives; |
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| 39 | 39 | | (D) wages and benefits; and |
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| 40 | 40 | | (E) licensure and certification rules; and |
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| 41 | 41 | | (4) examine nursing facility reform, including: |
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| 42 | 42 | | (A) implementing new care models; |
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| 43 | 43 | | (B) optimizing nursing facility size and |
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| 44 | 44 | | configuration to foster resident wellness and infection control; |
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| 45 | 45 | | (C) optimizing nursing facility staffing to meet |
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| 46 | 46 | | resident needs; and |
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| 47 | 47 | | (D) increasing clinical presence in nursing |
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| 48 | 48 | | facilities. |
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| 49 | 49 | | (c) The task force is composed of: |
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| 50 | 50 | | (1) one member appointed by the governor; |
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| 51 | 51 | | (2) the state long-term care ombudsman; and |
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| 52 | 52 | | (3) not more than 11 members appointed by the |
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| 53 | 53 | | executive commissioner as follows: |
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| 54 | 54 | | (A) at least one member who is a representative |
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| 55 | 55 | | of the commission; |
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| 56 | 56 | | (B) at least one member who represents LeadingAge |
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| 57 | 57 | | Texas; |
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| 58 | 58 | | (C) at least one member who represents the Texas |
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| 59 | 59 | | Health Care Association; |
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| 60 | 60 | | (D) at least one member who represents the Texas |
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| 61 | 61 | | Assisted Living Association; |
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| 62 | 62 | | (E) at least one member who represents the |
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| 63 | 63 | | American Association of Retired Persons; |
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| 64 | 64 | | (F) at least one member who represents the Texas |
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| 65 | 65 | | Higher Education Coordinating Board; |
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| 66 | 66 | | (G) at least one member who represents the Texas |
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| 67 | 67 | | Medical Directors Association; |
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| 68 | 68 | | (H) at least one member who represents the Texas |
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| 69 | 69 | | Workforce Commission; and |
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| 70 | 70 | | (I) two or more members who represent a public or |
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| 71 | 71 | | private institution of higher education in this state. |
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| 72 | 72 | | (d) Not later than November 1, 2021, the governor and the |
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| 73 | 73 | | executive commissioner shall appoint task force members as required |
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| 74 | 74 | | by Subsection (c) of this section. |
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| 75 | 75 | | (e) Not later than November 1, 2022, the task force shall |
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| 76 | 76 | | prepare and submit to the legislature, the commission, the Senate |
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| 77 | 77 | | Health and Human Services Committee, and the House Public Health |
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| 78 | 78 | | Committee a written report containing the results of the task |
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| 79 | 79 | | force's evaluation under Subsection (b) of this section and any |
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| 80 | 80 | | recommendations for legislative or other action. |
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| 81 | 81 | | (f) The commission shall post the report submitted to the |
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| 82 | 82 | | commission under Subsection (e) of this section on the commission's |
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| 83 | 83 | | Internet website. |
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| 84 | 84 | | (g) The task force is abolished and this Act expires |
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| 85 | 85 | | September 1, 2023. |
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| 86 | 86 | | SECTION 2. This Act takes effect September 1, 2021. |
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