By: Powell, et al. S.B. No. 383

(Perez, Fierro)

A BILL TO BE ENTITLED

AN ACT

relating to disclosure requirements of certain facilities that provide care for persons with Alzheimer's disease and related disorders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 242, Health and Safety Code, is amended by adding Section 242.0405 to read as follows:

Sec. 242.0405. NOTICE OF ALZHEIMER'S DISEASE AND RELATED DISORDERS CERTIFICATION. (a) A nursing facility shall prepare a written notice disclosing whether the facility is certified or is not certified under Section 242.040 to provide specialized care and treatment for facility residents with Alzheimer's disease and related disorders.

(b) The nursing facility shall provide the notice described by Subsection (a) to:

(1) each facility resident; and

(2) each person applying for services from the facility or the person's next of kin or guardian.

SECTION 2. Section 242.202(d), Health and Safety Code, is amended to read as follows:

(d) The disclosure statement must contain the following categories of information:

(1) the institution's philosophy of care;

(2) [whether the institution is certified under Section 242.040 for the provision of specialized care and treatment of residents with Alzheimer's disease and related disorders;

[(3)] the preadmission, admission, and discharge process;

(3) [(4)] resident assessment, care planning, and implementation of the care plan;

(4) [(5)] staffing patterns, such as resident-to-staff ratios, and staff training;

(5) [(6)] the physical environment of the institution;

(6) [(7)] resident activities;

(7) [(8)] program costs;

(8) [(9)] systems for evaluation of the institution's programs for residents;

(9) [(10)] family involvement in resident care; and

(10) [(11)] the toll-free telephone number maintained by the department for acceptance of complaints against the institution.

SECTION 3. Subchapter B, Chapter 247, Health and Safety Code, is amended by adding Section 247.0295 to read as follows:

Sec. 247.0295. NOTICE OF ALZHEIMER'S DISEASE OR RELATED DISORDERS LICENSE CLASSIFICATION. An assisted living facility shall provide to each facility resident written notice disclosing whether the facility holds a license or does not hold a license classified under Section 247.029 to provide personal care services to residents with Alzheimer's disease or related disorders.

SECTION 4. Section 247.026(c-1), Health and Safety Code, is repealed.

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 rules to implement the changes in law made by this Act.

SECTION 6. This Act takes effect September 1, 2021.