S.B. No. 383
AN ACT
relating to disclosure requirements of certain facilities that
provide care for persons with Alzheimer's disease and related
disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0405 to read as follows:
Sec. 242.0405. NOTICE OF ALZHEIMER'S DISEASE AND RELATED
DISORDERS CERTIFICATION. (a) A nursing facility advertising,
marketing, or otherwise promoting that the facility provides memory
care services shall prepare a written notice disclosing whether the
facility is certified or is not certified under Section 242.040 to
provide specialized care and treatment for facility residents with
Alzheimer's disease and related disorders.
(b) The nursing facility shall provide the notice described
by Subsection (a) to:
(1) each facility resident; and
(2) each person applying for services from the
facility or the person's next of kin or guardian.
(c) A nursing facility that provides the notice required
under Subsection (a) is not required to include the information
described by Section 242.202(d)(2) in a disclosure statement
provided under that section.
SECTION 2. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0295 to read as follows:
Sec. 247.0295. NOTICE OF ALZHEIMER'S DISEASE OR RELATED
DISORDERS LICENSE CLASSIFICATION. (a) An assisted living facility
advertising, marketing, or otherwise promoting that the facility
provides memory care services shall provide to each facility
resident written notice disclosing whether the facility holds a
license or does not hold a license classified under Section 247.029
to provide personal care services to residents with Alzheimer's
disease or related disorders.
(b) An assisted living facility that provides the notice
required under Subsection (a) is not required under Section
247.026(c-1) to include in the facility's consumer disclosure
statement information on whether the facility holds a license
classified under Section 247.029 to provide personal care services
to residents with Alzheimer's disease or related disorders.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules to implement Sections
242.0405 and 247.0295, Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 383 passed the Senate on
March 29, 2021, by the following vote: Yeas 30, Nays 1;
May 25, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2021, House
granted request of the Senate; May 29, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 383 passed the House, with
amendments, on May 18, 2021, by the following vote: Yeas 100,
Nays 44, one present not voting; May 27, 2021, House granted
request of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 111, Nays 32, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor