89R10005 KRM-F
By: Campos H.B. No. 2376
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for 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 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.
(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, 2030.
(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, 2032.
(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 [institution] is certified
by the commission [department] to provide specialized care or
treatment for persons with Alzheimer's disease or related disorders
unless the facility [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, 2030.
(a-2) A facility initially licensed under this chapter on or
after January 1, 2027, 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, 2032.
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.