88R7210 MPF-D
By: Campos H.B. No. 1867
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of referral agencies for assisted living
facilities; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 247, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. REFERRAL AGENCIES
Sec. 247.151. DEFINITIONS. In this subchapter:
(1) "Client" means an individual seeking assistance
with entering into an arrangement with an assisted living facility
through a referral agency.
(2) "Referral agency" means a person who for
compensation provides client referral services to individuals or
assisted living facilities.
Sec. 247.152. DISCLOSURE REQUIRED. (a) A referral agency
shall provide a written disclosure statement to each client before
referring the client to an assisted living facility. A referral
agency that only provides information to an individual is not
required to provide the statement to the individual.
(b) The disclosure statement must contain the following
information:
(1) the name, address, and telephone number of the
referral agency;
(2) the services the referral agency provides to the
client;
(3) the fee amount the referral agency charges to the
client;
(4) the fee amount the referral agency charges to the
referred assisted living facility;
(5) the date of the most recent visit by referral
agency personnel to the referred assisted living facility;
(6) a statement on whether the referral agency or its
personnel have an ownership interest in the referred assisted
living facility;
(7) a statement acknowledging the client may cease
using the services of the referral agency without the agency
assessing a penalty or cancellation fee against the client;
(8) a statement that the client is not required to
enter into an agreement with the referred assisted living facility;
and
(9) lines for the client's name and the date on which
the referral agency provided the disclosure statement to the
client.
Sec. 247.153. INTAKE FORM. (a) A referral agency shall
complete a standardized intake form for each client before
referring the client to an assisted living facility. A referral
agency that only provides information to an individual is not
required to complete the intake form for the individual.
(b) The executive commissioner by rule shall prescribe a
standardized intake form for use under this section.
(c) The intake form must ask a client to provide the
following information regarding the client:
(1) recent medical history relevant to the referral
process;
(2) known medications and medication management
needs;
(3) known medical diagnosis, health concerns, and
reasons for seeking a referral to an assisted living facility;
(4) behaviors or symptoms that may cause concern or
require special care;
(5) any mental illness, dementia, or developmental
disability diagnosis;
(6) daily living assistance needs, activity
preferences, and sleeping habits;
(7) particular cultural or language access needs and
accommodations;
(8) geographic location preferences;
(9) any special dietary needs and food preferences;
(10) a description of the client's daily routine; and
(11) basic financial information and any available
long-term care insurance or financial assistance, including
Medicaid, that may be helpful in defining assisted living facility
options for the client.
Sec. 247.154. GENERAL FACILITY INFORMATION. (a) Before
referring a client to an assisted living facility, a referral
agency shall consult with a representative of the facility and
obtain the following general information:
(1) the type and number of the facility's license;
(2) whether the facility's license authorizes the
facility to provide care to individuals with a mental illness,
dementia, or a developmental disability;
(3) sources of payment the facility accepts, including
whether the facility accepts Medicaid;
(4) general level of medication management services
the facility provides;
(5) general level and types of personal care services
the facility provides;
(6) particular cultural needs the facility
accommodates or may accommodate;
(7) primary and secondary languages spoken by the
facility's care providers;
(8) activities the facility typically provides;
(9) client behavioral problems or symptoms the
facility is or is not equipped to address;
(10) food preferences and special dietary needs the
facility accommodates or may accommodate; and
(11) other available special care or services.
(b) A referral agency at least annually shall consult with
and obtain from an assisted living facility the information
required under Subsection (a).
Sec. 247.155. FACILITY VIOLATION STATUS. (a) Before
referring a client to an assisted living facility, a referral
agency shall conduct a search of the commission's Internet website
and inform the client in writing whether the assisted living
facility is listed on the website for a violation of licensing
requirements.
(b) A referral agency must conduct the search described by
Subsection (a) not earlier than 30 days before the date the agency
provides the information to the client.
Sec. 247.156. REFERRAL OF CLIENT TO ASSISTED LIVING
FACILITY. To the extent practicable, a referral agency shall refer
a client to an assisted living facility that appears, in the best
judgment of the agency, to meet the client's identified needs.
Sec. 247.157. CIVIL PENALTY. (a) At the request of the
commission, the attorney general shall bring an action to collect a
civil penalty from a referral agency that violates this subchapter.
(b) The civil penalty may not exceed $1,000 for each
violation. Each day of a continuing violation constitutes a
separate violation.
Sec. 247.158. RULES. The executive commissioner may adopt
rules necessary to implement this subchapter.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Subchapter F, Chapter 247, Health and Safety Code, as added by this
Act.
SECTION 3. This Act takes effect September 1, 2023.