Texas 2025 - 89th Regular

Texas House Bill HB2376 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10005 KRM-F
2	2	By: Campos H.B. No. 2376
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the requirements for facilities that provide care and
10	10	services to persons with Alzheimer's disease and related disorders.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 242.040, Health and
13	13	Safety Code, is amended to read as follows:
14	14	Sec. 242.040. CERTIFICATION OF NURSING FACILITIES
15	15	[INSTITUTIONS] THAT PROVIDE CARE AND TREATMENT FOR PERSONS WITH
16	16	ALZHEIMER'S DISEASE AND RELATED DISORDERS.
17	17	SECTION 2. Section 242.040, Health and Safety Code, is
18	18	amended by amending Subsections (a), (b), (c), (e), and (f) and
19	19	adding Subsections (b-1), (b-2), and (b-3) to read as follows:
20	20	(a) The commission [department] shall establish a system
21	21	for certifying nursing facilities [institutions] that meet
22	22	standards adopted by the executive commissioner concerning the
23	23	specialized care and treatment of persons with Alzheimer's disease
24	24	and related disorders.
25	25	(b) A nursing facility may [An institution is] not [required
26	26	to be certified under this section in order to] provide care and
27	27	treatment for [of] persons with Alzheimer's disease and related
28	28	disorders unless the facility holds a certification issued under
29	29	this section.
30	30	(b-1) Notwithstanding Subsection (b) and subject to
31	31	Subsection (b-2), a nursing facility is not required to hold a
32	32	certification issued under this section to provide care and
33	33	treatment for persons with Alzheimer's disease and related
34	34	disorders before January 1, 2030.
35	35	(b-2) A nursing facility initially licensed under this
36	36	chapter on or after January 1, 2027, must hold a certification
37	37	issued under this section to provide care and treatment for persons
38	38	with Alzheimer's disease and related disorders.
39	39	(b-3) Subsections (b-1) and (b-2) and this subsection
40	40	expire September 1, 2032.
41	41	(c) The executive commissioner by rule shall [may] adopt
42	42	standards for the specialized care and treatment of persons with
43	43	Alzheimer's disease and related disorders and provide procedures
44	44	for nursing facilities [institutions] applying for certification
45	45	under this section. The rules must provide for a three-year
46	46	certification period.
47	47	(e) A nursing facility [An institution] may not advertise or
48	48	otherwise communicate that the facility [institution] is certified
49	49	by the commission [department] to provide specialized care or
50	50	treatment for persons with Alzheimer's disease or related disorders
51	51	unless the facility [institution] is certified under this section.
52	52	(f) The executive commissioner by rule shall adopt a system
53	53	under which an appropriate number of certifications issued by the
54	54	commission [department] expire on staggered dates occurring in each
55	55	three-year period. If the expiration date of a certification
56	56	changes as a result of this subsection, the commission [department]
57	57	shall prorate the certification fee relating to that certification
58	58	as appropriate.
59	59	SECTION 3. The heading to Section 247.029, Health and
60	60	Safety Code, is amended to read as follows:
61	61	Sec. 247.029. CLASSIFICATION OF FACILITIES THAT PROVIDE
62	62	PERSONAL CARE SERVICES TO [FOR] PERSONS WITH ALZHEIMER'S DISEASE OR
63	63	RELATED DISORDERS.
64	64	SECTION 4. Section 247.029, Health and Safety Code, is
65	65	amended by amending Subsection (a) and adding Subsections (a-1),
66	66	(a-2), and (a-3) to read as follows:
67	67	(a) The executive commissioner by rule shall establish a
68	68	classification and license for a facility that [advertises,
69	69	markets, or otherwise promotes that the facility] provides personal
70	70	care services to residents who have Alzheimer's disease or related
71	71	disorders. A facility may not [is not required to be classified
72	72	under this section to] provide personal care services [care or
73	73	treatment] to residents who have Alzheimer's disease or related
74	74	disorders unless the facility is classified under this section.
75	75	(a-1) Notwithstanding Subsection (a) and subject to
76	76	Subsection (a-2), a facility is not required to be classified under
77	77	this section to provide personal care services to persons with
78	78	Alzheimer's disease or related disorders before January 1, 2030.
79	79	(a-2) A facility initially licensed under this chapter on or
80	80	after January 1, 2027, must be classified under this section to
81	81	provide personal care services to persons with Alzheimer's disease
82	82	or related disorders.
83	83	(a-3) Subsections (a-1) and (a-2) and this subsection
84	84	expire September 1, 2032.
85	85	SECTION 5. As soon as practicable after the effective date
86	86	of this Act, the executive commissioner of the Health and Human
87	87	Services Commission shall adopt the rules necessary to implement
88	88	the changes in law made by this Act.
89	89	SECTION 6. This Act takes effect September 1, 2025.