Enrolled Bill Summary

            Senate Bill 93 amends provisions of the Health and Safety Code and the Human Resources Code relating to the regulation of assisted living facilities and to other facilities serving persons who are elderly or disabled. The act establishes minimum acceptable levels of care for assisted living facilities, requires the Texas Department of Human Services to take certain actions to protect facility residents, and establishes a service philosophy for facilities.

            The act defines "controlling person" and authorizes the department to specify qualifications for that role. Provisions for facility licensure are added by the act, including a requirement that an applicant provide information to the department on request showing the applicant's compliance record in other states. The act also adds provisions setting forth minimum qualifications for managers of certain facilities, including facilities for persons with Alzheimer's disease. The act changes the composition of the advisory committee on facilities and removes provisions relating to a long-term care ombudsman pilot program.

            The act requires the department to develop procedures and programs relating to monitoring unlicensed facilities, building plans for facilities, facility inspector training, and facilities providing medication supervision and general personal care services. It adds requirements relating to department inspection of facilities. The department is required to notify other agencies if a preliminary investigation reveals the occurrence of abuse, exploitation, and neglect at a facility. The department is also required to conduct regional training for agencies and local governments relating to assisted living concerns. The act clarifies that regulatory reports and documents relating to an assisted living facility may not be used as evidence in a lawsuit, with exceptions.

            The act sets forth guidelines for the department to use in placing residents in a facility, adds certain requirements relating to health care professionals who treat residents of an assisted living facility, and authorizes employees of the Texas Department of Mental Health and Mental Retardation to enter a facility as necessary to provide services to a resident. It requires the department to adopt a new community-based alternatives program rate method.

            Senate Bill 93 amends provisions of the Human Resources Code relating to certain residential facilities for the elderly to require the facility to disclose certain information in a contract executed with each resident. The act requires the department to take measures to enforce facility licensure requirements and to submit a report describing the results of these efforts to the governor and legislature. It also requires the department to form a joint work group with the Texas Department of Licensing and Regulation to study and make recommendations to agencies concerning architectural requirements relating to Texas Accessibility Standards no later than September 1, 2000.