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House Bill 216 |
House Author: Menendez et al. |
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Effective: See below |
Senate Sponsor: Shapleigh |
House Bill 216 amends the Health and Safety Code to require the executive commissioner of the Health and Human Services Commission, not later than September 1, 2010, to develop and publish model standards for the operation of a boarding home facility. The bill specifies the elements to be included in the standards. The bill authorizes a county or municipality to require a person to obtain a permit to operate a boarding home facility, establish permitting procedures, and conduct an inspection, survey, or investigation. The bill establishes procedures for the reporting and investigation of abuse, neglect, or exploitation of certain boarding home residents and requires a county or municipality that issues a boarding home permit to submit an annual report to the commission not later than September 30 of each year following the establishment of the permit requirement. The bill specifies the information required to be included in the municipal and county reports and requires the commission to compile that information as part of a biennial report to the legislature. The bill prohibits the exclusion of an entity that meets county or municipal requirements established under the bill's provisions from a residential area by zoning ordinances or similar regulations. The bill also includes within the meaning of "assisted living facility" an establishment that provides administration of medication or assistance with or supervision of the administration of medication. Provisions of the bill relating to local regulation of boarding home facilities, permit procedures, posting requirements, inspections, and interlocal cooperation for inspecting and permitting facilities take effect September 1, 2010. All other provisions take effect September 1, 2009.