Texas 2021 - 87th Regular

Texas Senate Bill SB383 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 383
	1	+	By: Powell, et al. S.B. No. 383
	2	+	(Perez, Fierro)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to disclosure requirements of certain facilities that
6	8		provide care for persons with Alzheimer's disease and related
7	9		disorders.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter B, Chapter 242, Health and Safety
10	12		Code, is amended by adding Section 242.0405 to read as follows:
11	13		Sec. 242.0405. NOTICE OF ALZHEIMER'S DISEASE AND RELATED
12		-	DISORDERS CERTIFICATION. (a) A nursing facility advertising,
13		-	marketing, or otherwise promoting that the facility provides memory
14		-	care services shall prepare a written notice disclosing whether the
15		-	facility is certified or is not certified under Section 242.040 to
16		-	provide specialized care and treatment for facility residents with
17		-	Alzheimer's disease and related disorders.
	14	+	DISORDERS CERTIFICATION. (a) A nursing facility shall prepare a
	15	+	written notice disclosing whether the facility is certified or is
	16	+	not certified under Section 242.040 to provide specialized care and
	17	+	treatment for facility residents with Alzheimer's disease and
	18	+	related disorders.
18	19		(b) The nursing facility shall provide the notice described
19	20		by Subsection (a) to:
20	21		(1) each facility resident; and
21	22		(2) each person applying for services from the
22	23		facility or the person's next of kin or guardian.
23		-	(c) A nursing facility that provides the notice required
24		-	under Subsection (a) is not required to include the information
25		-	described by Section 242.202(d)(2) in a disclosure statement
26		-	provided under that section.
27		-	SECTION 2. Subchapter B, Chapter 247, Health and Safety
	24	+	SECTION 2. Section 242.202(d), Health and Safety Code, is
	25	+	amended to read as follows:
	26	+	(d) The disclosure statement must contain the following
	27	+	categories of information:
	28	+	(1) the institution's philosophy of care;
	29	+	(2) [whether the institution is certified under
	30	+	Section 242.040 for the provision of specialized care and treatment
	31	+	of residents with Alzheimer's disease and related disorders;
	32	+	[(3)] the preadmission, admission, and discharge
	33	+	process;
	34	+	(3) [(4)] resident assessment, care planning, and
	35	+	implementation of the care plan;
	36	+	(4) [(5)] staffing patterns, such as
	37	+	resident-to-staff ratios, and staff training;
	38	+	(5) [(6)] the physical environment of the
	39	+	institution;
	40	+	(6) [(7)] resident activities;
	41	+	(7) [(8)] program costs;
	42	+	(8) [(9)] systems for evaluation of the institution's
	43	+	programs for residents;
	44	+	(9) [(10)] family involvement in resident care; and
	45	+	(10) [(11)] the toll-free telephone number maintained
	46	+	by the department for acceptance of complaints against the
	47	+	institution.
	48	+	SECTION 3. Subchapter B, Chapter 247, Health and Safety
28	49		Code, is amended by adding Section 247.0295 to read as follows:
29	50		Sec. 247.0295. NOTICE OF ALZHEIMER'S DISEASE OR RELATED
30		-	DISORDERS LICENSE CLASSIFICATION. (a) An assisted living facility
31		-	advertising, marketing, or otherwise promoting that the facility
32		-	provides memory care services shall provide to each facility
33		-	resident written notice disclosing whether the facility holds a
34		-	license or does not hold a license classified under Section 247.029
35		-	to provide personal care services to residents with Alzheimer's
36		-	disease or related disorders.
37		-	(b) An assisted living facility that provides the notice
38		-	required under Subsection (a) is not required under Section
39		-	247.026(c-1) to include in the facility's consumer disclosure
40		-	statement information on whether the facility holds a license
	51	+	DISORDERS LICENSE CLASSIFICATION. An assisted living facility
	52	+	shall provide to each facility resident written notice disclosing
	53	+	whether the facility holds a license or does not hold a license
41	54		classified under Section 247.029 to provide personal care services
42	55		to residents with Alzheimer's disease or related disorders.
43		-	SECTION 3. As soon as practicable after the effective date
	56	+	SECTION 4. Section 247.026(c-1), Health and Safety Code, is
	57	+	repealed.
	58	+	SECTION 5. As soon as practicable after the effective date
44	59		of this Act, the executive commissioner of the Health and Human
45		-	Services Commission shall adopt rules to implement Sections
46		-	242.0405 and 247.0295, Health and Safety Code, as added by this Act.
47		-	SECTION 4. This Act takes effect September 1, 2021.
48		-	______________________________ ______________________________
49		-	President of the Senate Speaker of the House
50		-	I hereby certify that S.B. No. 383 passed the Senate on
51		-	March 29, 2021, by the following vote: Yeas 30, Nays 1;
52		-	May 25, 2021, Senate refused to concur in House amendments and
53		-	requested appointment of Conference Committee; May 27, 2021, House
54		-	granted request of the Senate; May 29, 2021, Senate adopted
55		-	Conference Committee Report by the following vote: Yeas 30,
56		-	Nays 1.
57		-	______________________________
58		-	Secretary of the Senate
59		-	I hereby certify that S.B. No. 383 passed the House, with
60		-	amendments, on May 18, 2021, by the following vote: Yeas 100,
61		-	Nays 44, one present not voting; May 27, 2021, House granted
62		-	request of the Senate for appointment of Conference Committee;
63		-	May 30, 2021, House adopted Conference Committee Report by the
64		-	following vote: Yeas 111, Nays 32, one present not voting.
65		-	______________________________
66		-	Chief Clerk of the House
67		-	Approved:
68		-	______________________________
69		-	Date
70		-	______________________________
71		-	Governor
	60	+	Services Commission shall adopt rules to implement the changes in
	61	+	law made by this Act.
	62	+	SECTION 6. This Act takes effect September 1, 2021.