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House Bill 2109 |
House Author: Truitt |
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Effective: 6-17-11 |
Senate Sponsor: Uresti |
House Bill 2109 amends Health and Safety Code provisions relating to the placement of a resident in an assisted living facility. The bill establishes that an assisted living facility that identifies a resident who the facility believes is inappropriately placed at the facility is not required to move the resident if the facility obtains the written statements and waiver required for the resident to remain in the facility. The bill removes a prohibition against the Department of Aging and Disability Services (DADS) assessing an administrative penalty against a facility because of the inappropriate placement of a resident. The bill authorizes DADS, under certain conditions, to assess an administrative penalty or seek an emergency suspension or closing order or other sanction against the facility if a facility is required to discharge the resident because the facility has not obtained the required written statements or DADS does not approve a waiver. The bill prohibits a DADS employee from retaliating against a facility, a facility employee, or a person in control of the facility for complaining about the conduct of or disagreeing with a DADS employee or asserting a right under state or federal law. The bill requires DADS to ensure that each facility and resident is aware of the waiver process for aging in place and establishes requirements for the facility to provide information and training regarding policies and procedures for aging in place and retaliation.