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A BILL TO BE ENTITLED
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AN ACT
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relating to registration of certain establishments providing |
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assisted living services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle B, Title 4, Health and |
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Safety Code, is amended to read as follows: |
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SUBTITLE B. LICENSING AND REGULATION OF HEALTH FACILITIES |
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SECTION 2. The heading to Chapter 247, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 247. ASSISTED LIVING FACILITIES AND SIMILAR ASSISTED |
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LIVING SERVICE ESTABLISHMENTS |
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SECTION 3. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.072 to read as follows: |
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Sec. 247.072. REGISTRATION OF ASSISTED LIVING SERVICE |
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ESTABLISHMENTS. (a) In this section, "assisted living service |
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establishment" means an establishment, other than an assisted |
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living facility licensed under Section 247.021, that: |
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(1) furnishes, in one or more facilities, food and |
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shelter to one or more persons who are unrelated to the proprietor |
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of the establishment; |
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(2) provides: |
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(A) personal care services; or |
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(B) administration of medication by a person |
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licensed or otherwise authorized in this state to administer the |
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medication; |
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(3) may provide assistance with or supervision of the |
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administration of medication; and |
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(4) may provide skilled nursing services for the |
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following limited purposes: |
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(A) coordination of resident care with outside |
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home and community support services agencies and other health care |
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professionals; |
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(B) provision or delegation of personal care |
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services and medication administration as described by Subdivision |
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(2); |
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(C) assessment of residents to determine the care |
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required; and |
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(D) for periods authorized by commission rule, |
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delivery of temporary skilled nursing treatment for a minor |
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illness, injury, or emergency. |
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(b) A person may not establish or operate an assisted living |
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service establishment unless the person registers the |
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establishment with the commission and complies with commission |
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rules related to the establishment. |
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(c) The executive commissioner shall adopt rules necessary |
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to protect the public health and safety and to implement this |
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section. |
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(d) A person who violates this section and rules adopted |
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under this section is subject to the enforcement provisions of |
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Subchapter C. |
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SECTION 4. Not later than December 1, 2021, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt any rules necessary to implement Section 247.072, Health and |
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Safety Code, as added by this Act. |
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SECTION 5. Notwithstanding Section 247.072, Health and |
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Safety Code, as added by this Act, a person is not required to |
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register an establishment to which that section applies until |
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January 1, 2022. |
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SECTION 6. This Act takes effect September 1, 2021. |