88R7532 MPF-F
By: Campos H.B. No. 1865
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for certain institutions and
facilities that provide care and services to persons with
Alzheimer's disease and related disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 242.040, Health and
Safety Code, is amended to read as follows:
Sec. 242.040. CERTIFICATION OF INSTITUTIONS THAT PROVIDE
CARE AND TREATMENT FOR PERSONS WITH ALZHEIMER'S DISEASE AND RELATED
DISORDERS.
SECTION 2. Section 242.040, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), (e), and (f) and
adding Subsections (b-1), (b-2), and (b-3) to read as follows:
(a) The commission [department] shall establish a system
for certifying institutions that meet standards adopted by the
executive commissioner concerning the specialized care and
treatment of persons with Alzheimer's disease and related
disorders.
(b) An institution may [is] not [required to be certified
under this section in order to] provide care and treatment for [of]
persons with Alzheimer's disease and related disorders unless the
institution holds a certification issued under this section.
(b-1) Notwithstanding Subsection (b) and subject to
Subsection (b-2), an institution is not required to hold a
certification issued under this section to provide care and
treatment for persons with Alzheimer's disease and related
disorders before January 1, 2028.
(b-2) An institution that is initially licensed under this
chapter on or after January 1, 2025, must hold a certification
issued under this section to provide care and treatment for persons
with Alzheimer's disease and related disorders.
(b-3) Subsections (b-1) and (b-2) and this subsection
expire September 1, 2030.
(c) The executive commissioner by rule shall [may] adopt
standards for the specialized care and treatment of persons with
Alzheimer's disease and related disorders and provide procedures
for institutions applying for certification under this section.
The rules must provide for a three-year certification period.
(e) An institution may not advertise or otherwise
communicate that the institution is certified by the commission
[department] to provide specialized care or treatment for persons
with Alzheimer's disease or related disorders unless the
institution is certified under this section.
(f) The executive commissioner by rule shall adopt a system
under which an appropriate number of certifications issued by the
commission [department] expire on staggered dates occurring in each
three-year period. If the expiration date of a certification
changes as a result of this subsection, the commission [department]
shall prorate the certification fee relating to that certification
as appropriate.
SECTION 3. The heading to Section 247.029, Health and
Safety Code, is amended to read as follows:
Sec. 247.029. CLASSIFICATION OF FACILITIES THAT PROVIDE
PERSONAL CARE SERVICES TO [FOR] PERSONS WITH ALZHEIMER'S DISEASE OR
RELATED DISORDERS.
SECTION 4. Section 247.029, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), and (a-3) to read as follows:
(a) The executive commissioner by rule shall establish a
classification and license for a facility that [advertises,
markets, or otherwise promotes that the facility] provides personal
care services to residents who have Alzheimer's disease or related
disorders. A facility may not [is not required to be classified
under this section to] provide personal care services [care or
treatment] to residents who have Alzheimer's disease or related
disorders unless the facility is classified under this section.
(a-1) Notwithstanding Subsection (a) and subject to
Subsection (a-2), a facility is not required to be classified under
this section to provide personal care services to persons with
Alzheimer's disease or related disorders before January 1, 2028.
(a-2) A facility that is initially licensed under this
chapter on or after January 1, 2025, must be classified under this
section to provide personal care services to persons with
Alzheimer's disease or related disorders.
(a-3) Subsections (a-1) and (a-2) and this subsection
expire September 1, 2030.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2023.