89R10004 KRM-F
By: Campos H.B. No. 2375
A BILL TO BE ENTITLED
AN ACT
relating to a state plan and requirements for nursing facilities
that provide care and treatment for 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 NURSING FACILITIES
[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 nursing facilities [institutions] that meet
standards adopted by the executive commissioner concerning the
specialized care and treatment of persons with Alzheimer's disease
and related disorders. The commission may periodically modify the
system and standards as the executive commissioner determines
appropriate.
(b) A nursing facility may [An institution 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 facility holds a certification issued under
this section.
(b-1) Notwithstanding Subsection (b) and subject to
Subsection (b-2), a nursing facility 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, 2035.
(b-2) A nursing facility initially licensed under this
chapter on or after January 1, 2027, 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, 2037.
(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 nursing facilities [institutions] applying for certification
under this section. The rules must provide for a three-year
certification period.
(e) A nursing facility [An institution] may not advertise or
otherwise communicate that the facility holds a certification
issued under this section [institution is certified by the
department] to provide specialized care or treatment for persons
with Alzheimer's disease or related disorders unless the facility
holds that certification [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. To the extent possible, the system must align the
expiration date for a nursing facility's certification under this
section with the expiration date for the facility's license under
this chapter.
SECTION 3. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0406 to read as follows:
Sec. 242.0406. STATE PLAN FOR CERTIFICATION OF NURSING
FACILITIES PROVIDING CARE AND TREATMENT FOR PERSONS WITH
ALZHEIMER'S DISEASE AND RELATED DISORDERS. (a) The commission
shall develop a state plan to certify under Section 242.040 each
nursing facility licensed under this chapter that provides care and
treatment for persons with Alzheimer's disease and related
disorders by January 1, 2035. The executive commissioner must
approve the state plan and shall adopt rules for implementing the
approved state plan.
(b) In developing the state plan, the commission shall:
(1) conduct a study on certifying under Section
242.040 each nursing facility licensed under this chapter that
provides care and treatment for persons with Alzheimer's disease
and related disorders by January 1, 2035; and
(2) determine and consider in implementing the state
plan the:
(A) costs and challenges;
(B) legal and technical issues; and
(C) scheduling factors and time considerations.
(c) The state plan must require that:
(1) at least 10 percent of the total number of nursing
facilities licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders hold a certification issued under Section 242.040 by
January 1, 2027;
(2) at least 25 percent of the total number of nursing
facilities licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders hold a certification issued under Section 242.040 by
January 1, 2029;
(3) at least 50 percent of the total number of nursing
facilities licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders hold a certification issued under Section 242.040 by
January 1, 2031;
(4) at least 75 percent of the total number of nursing
facilities licensed under this chapter that provide care and
treatment for persons with Alzheimer's disease and related
disorders hold a certification issued under Section 242.040 by
January 1, 2033; and
(5) each nursing facility licensed under this chapter
that provides care and treatment for persons with Alzheimer's
disease and related disorders hold a certification issued under
Section 242.040 by January 1, 2035.
(d) The state plan in accordance with the public purpose of
improving the provision of health care to the public may provide for
reimbursement to nursing facilities licensed under this chapter
that provide care and treatment for persons with Alzheimer's
disease and related disorders and that hold a certification issued
under Section 242.040 in amounts based on the following schedule:
(1) for a nursing facility certified by January 1,
2027, the state plan may reimburse the facility for 100 percent of
the certification costs;
(2) for a nursing facility certified by January 1,
2029, the state plan may reimburse the facility in an amount not to
exceed 75 percent of the certification costs;
(3) for a nursing facility certified by January 1,
2031, the state plan may reimburse the facility in an amount not to
exceed 50 percent of the certification costs; and
(4) for a nursing facility certified by January 1,
2033, the state plan may reimburse the facility in an amount not to
exceed 25 percent of the certification costs.
(e) The commission may use existing resources and solicit
and accept gifts, grants, and donations from any source to
implement the state plan.
(f) This section expires September 1, 2037.
SECTION 4. Not later than September 1, 2026, the Health and
Human Services Commission shall develop, and the executive
commissioner of the commission shall approve and adopt, rules for
implementing the state plan required by Section 242.0406, Health
and Safety Code, as added by this Act.
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, 2025.