| 1 | 1 | | 87R3405 MCF-D |
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| 2 | 2 | | By: Miles S.B. No. 502 |
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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 registration of certain establishments providing |
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| 8 | 8 | | assisted living services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subtitle B, Title 4, Health and |
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| 11 | 11 | | Safety Code, is amended to read as follows: |
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| 12 | 12 | | SUBTITLE B. LICENSING AND REGULATION OF HEALTH FACILITIES |
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| 13 | 13 | | SECTION 2. The heading to Chapter 247, Health and Safety |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | CHAPTER 247. ASSISTED LIVING FACILITIES AND SIMILAR ASSISTED |
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| 16 | 16 | | LIVING SERVICE ESTABLISHMENTS |
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| 17 | 17 | | SECTION 3. Subchapter D, Chapter 247, Health and Safety |
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| 18 | 18 | | Code, is amended by adding Section 247.072 to read as follows: |
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| 19 | 19 | | Sec. 247.072. REGISTRATION OF ASSISTED LIVING SERVICE |
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| 20 | 20 | | ESTABLISHMENTS. (a) In this section, "assisted living service |
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| 21 | 21 | | establishment" means an establishment that: |
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| 22 | 22 | | (1) furnishes, in one or more facilities, food and |
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| 23 | 23 | | shelter to three or fewer persons who are unrelated to the |
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| 24 | 24 | | proprietor of the establishment; |
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| 25 | 25 | | (2) provides: |
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| 26 | 26 | | (A) personal care services; or |
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| 27 | 27 | | (B) administration of medication by a person |
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| 28 | 28 | | licensed or otherwise authorized in this state to administer the |
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| 29 | 29 | | medication; |
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| 30 | 30 | | (3) may provide assistance with or supervision of the |
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| 31 | 31 | | administration of medication; and |
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| 32 | 32 | | (4) may provide skilled nursing services for the |
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| 33 | 33 | | following limited purposes: |
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| 34 | 34 | | (A) coordination of resident care with outside |
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| 35 | 35 | | home and community support services agencies and other health care |
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| 36 | 36 | | professionals; |
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| 37 | 37 | | (B) provision or delegation of personal care |
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| 38 | 38 | | services and medication administration as described by Subdivision |
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| 39 | 39 | | (2); |
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| 40 | 40 | | (C) assessment of residents to determine the care |
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| 41 | 41 | | required; and |
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| 42 | 42 | | (D) for periods of time as established by |
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| 43 | 43 | | commission rule, delivery of temporary skilled nursing treatment |
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| 44 | 44 | | for a minor illness, injury, or emergency. |
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| 45 | 45 | | (b) A person may not establish or operate an assisted living |
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| 46 | 46 | | service establishment unless the person registers the |
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| 47 | 47 | | establishment with the commission and complies with commission |
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| 48 | 48 | | rules related to the establishment. |
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| 49 | 49 | | (c) The executive commissioner shall adopt rules necessary |
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| 50 | 50 | | to protect the public health and safety and to implement this |
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| 51 | 51 | | section. |
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| 52 | 52 | | (d) A person who violates this section and rules adopted |
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| 53 | 53 | | under this section is subject to the enforcement provisions of |
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| 54 | 54 | | Subchapter C. |
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| 55 | 55 | | SECTION 4. Not later than December 1, 2021, the executive |
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| 56 | 56 | | commissioner of the Health and Human Services Commission shall |
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| 57 | 57 | | adopt any rules necessary to implement Section 247.072, Health and |
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| 58 | 58 | | Safety Code, as added by this Act. |
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| 59 | 59 | | SECTION 5. Notwithstanding Section 247.072, Health and |
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| 60 | 60 | | Safety Code, as added by this Act, a person is not required to |
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| 61 | 61 | | register an establishment to which that section applies until |
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| 62 | 62 | | January 1, 2022. |
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| 63 | 63 | | SECTION 6. This Act takes effect September 1, 2021. |
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