Texas 2025 - 89th Regular

Texas House Bill HB2928 Compare Versions

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

Old	New	Differences
1	1	89R10003 JTZ-D
2	2	By: Campos H.B. No. 2928
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of referral agencies for assisted living
10	10	facilities; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 247, Health and Safety Code, is amended
13	13	by adding Subchapter F to read as follows:
14	14	SUBCHAPTER F. REFERRAL AGENCIES
15	15	Sec. 247.151. DEFINITIONS. In this subchapter:
16	16	(1) "Client" means an individual seeking assistance
17	17	with entering into an arrangement with an assisted living facility
18	18	through a referral agency.
19	19	(2) "Referral agency" means a person who for
20	20	compensation provides client referral services to individuals or
21	21	assisted living facilities.
22	22	Sec. 247.152. DISCLOSURE REQUIRED. (a) A referral agency
23	23	shall provide a written disclosure statement to each client before
24	24	referring the client to an assisted living facility. A referral
25	25	agency that only provides information to an individual is not
26	26	required to provide the statement to the individual.
27	27	(b) The disclosure statement must contain the following
28	28	information:
29	29	(1) the name, address, and telephone number of the
30	30	referral agency;
31	31	(2) the services the referral agency provides to the
32	32	client;
33	33	(3) the fee amount the referral agency charges to the
34	34	client;
35	35	(4) the fee amount the referral agency charges to the
36	36	referred assisted living facility;
37	37	(5) the date of the most recent visit by referral
38	38	agency personnel to the referred assisted living facility;
39	39	(6) a statement on whether the referral agency or its
40	40	personnel have an ownership interest in the referred assisted
41	41	living facility;
42	42	(7) a statement acknowledging the client may cease
43	43	using the services of the referral agency without the agency
44	44	assessing a penalty or cancellation fee against the client;
45	45	(8) a statement that the client is not required to
46	46	enter into an agreement with the referred assisted living facility;
47	47	and
48	48	(9) lines for the client's name and the date on which
49	49	the referral agency provided the disclosure statement to the
50	50	client.
51	51	Sec. 247.153. INTAKE FORM. (a) A referral agency shall
52	52	complete a standardized intake form for each client before
53	53	referring the client to an assisted living facility. A referral
54	54	agency that only provides information to an individual is not
55	55	required to complete the intake form for the individual.
56	56	(b) The executive commissioner by rule shall prescribe a
57	57	standardized intake form for use under this section.
58	58	(c) The intake form must ask a client to provide the
59	59	following information regarding the client:
60	60	(1) recent medical history relevant to the referral
61	61	process;
62	62	(2) known medications and medication management
63	63	needs;
64	64	(3) known medical diagnoses, health concerns, and
65	65	reasons for seeking a referral to an assisted living facility;
66	66	(4) behaviors or symptoms that may cause concern or
67	67	require special care;
68	68	(5) any mental illness, dementia, or developmental
69	69	disability diagnosis;
70	70	(6) daily living assistance needs, activity
71	71	preferences, and sleeping habits;
72	72	(7) particular cultural or language access needs and
73	73	accommodations;
74	74	(8) geographic location preferences;
75	75	(9) any special dietary needs and food preferences;
76	76	(10) a description of the client's daily routine; and
77	77	(11) basic financial information and any available
78	78	long-term care insurance or financial assistance, including
79	79	Medicaid, that may be helpful in defining assisted living facility
80	80	options for the client.
81	81	Sec. 247.154. GENERAL FACILITY INFORMATION. (a) Before
82	82	referring a client to an assisted living facility, a referral
83	83	agency shall consult with a representative of the facility and
84	84	obtain the following general information:
85	85	(1) the type and number of the facility's license;
86	86	(2) whether the facility's license authorizes the
87	87	facility to provide care to individuals with a mental illness,
88	88	dementia, or a developmental disability;
89	89	(3) sources of payment the facility accepts, including
90	90	whether the facility accepts Medicaid;
91	91	(4) general level of medication management services
92	92	the facility provides;
93	93	(5) general level and types of personal care services
94	94	the facility provides;
95	95	(6) particular cultural needs the facility
96	96	accommodates or may accommodate;
97	97	(7) primary and secondary languages spoken by the
98	98	facility's care providers;
99	99	(8) activities the facility typically provides;
100	100	(9) client behavioral problems or symptoms the
101	101	facility is or is not equipped to address;
102	102	(10) food preferences and special dietary needs the
103	103	facility accommodates or may accommodate; and
104	104	(11) other available special care or services.
105	105	(b) A referral agency at least annually shall consult with
106	106	and obtain from an assisted living facility the information
107	107	required under Subsection (a).
108	108	Sec. 247.155. FACILITY VIOLATION STATUS. (a) Before
109	109	referring a client to an assisted living facility, a referral
110	110	agency shall conduct a search of the commission's Internet website
111	111	and inform the client in writing whether the assisted living
112	112	facility is listed on the website for a violation of licensing
113	113	requirements.
114	114	(b) A referral agency must conduct the search described by
115	115	Subsection (a) not earlier than 30 days before the date the agency
116	116	provides the information to the client.
117	117	Sec. 247.156. REFERRAL OF CLIENT TO ASSISTED LIVING
118	118	FACILITY. To the extent practicable, a referral agency shall refer
119	119	a client to an assisted living facility that appears, in the best
120	120	judgment of the agency, to meet the client's identified needs.
121	121	Sec. 247.157. CIVIL PENALTY. (a) At the request of the
122	122	commission, the attorney general shall bring an action to collect a
123	123	civil penalty from a referral agency that violates this subchapter.
124	124	(b) The civil penalty may not exceed $1,000 for each
125	125	violation. Each day of a continuing violation constitutes a
126	126	separate violation.
127	127	Sec. 247.158. RULES. The executive commissioner shall
128	128	adopt rules necessary to implement this subchapter.
129	129	SECTION 2. As soon as practicable after the effective date
130	130	of this Act, the executive commissioner of the Health and Human
131	131	Services Commission shall adopt rules necessary to implement
132	132	Subchapter F, Chapter 247, Health and Safety Code, as added by this
133	133	Act.
134	134	SECTION 3. This Act takes effect September 1, 2025.