BILL ANALYSIS


                                                     C.S.S.B. 436
                                                     By: Montford
                                        Health and Human Services
                                                          2-16-95
                                   Committee Report (Substituted)
BACKGROUND

The Texas Council on Alzheimer's Disease and Related Disorders is
a state government advisory panel authorized to generate
recommendations and advice on issues related to the care and well-being of people with Alzheimer's disease.  In 1993, the council's
chairman appointed a task force to evaluate the current process for
certifying special care units for Alzheimer's patients.

Following a year-long study, the task force adopted several
recommendations to improve state government oversight of special
care units and mandate the flow of basic information from nursing
homes with special care units to Alzheimer's patients and their
families.

PURPOSE

As proposed, C.S.S.B. 436 requires certain facilities that
advertise care for patients with Alzheimer's disease to disclose
certain information; provides penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Health in SECTION 1 (Section 242.203(b),
Health and Safety Code) and to the Texas Board of Human Services in
SECTION 2 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 242, Health and Safety Code, by adding
Subchapter H, as follows:

    SUBCHAPTER H.  CARE FOR RESIDENTS WITH ALZHEIMER'S DISEASE
                      AND RELATED DISORDERS

     Sec. 242.201.  SCOPE OF SUBCHAPTER.  Applies this subchapter
     only to an institution that promotes that the institution
     provides services to residents with Alzheimer's disease and
     related disorders.
     
     Sec. 242.202.  DISCLOSURE REQUIRED.  (a) Requires an
     institution to provide a disclosure statement disclosing the
     nature of its care for residents with Alzheimer's disease and
     related disorders to certain individuals seeking information
     about the institution.
     
     (b) Requires the disclosure to be displayed with the
       institution's license.
       
       (c) Requires the institution to file the disclosure with the
       Texas Department of Health (department) as part of the
       report filed under Section 242.033(d).  Requires the
       department to verify contents of the disclosure statement as
       part of the license renewal process.
       
       (d) Sets forth required categories of information to be
       included in the disclosure statement.
       
       (e) Requires the institution to update the disclosure
       statement as needed.
     Sec. 242.203.  VIOLATION.  (a) Subjects an institution that
     violates this subchapter to an administrative penalty.
     
     (b) Prohibits the department from revoking or suspending the
       license of an institution for a violation.
     Sec. 242.204.  RULES.  Requires the Texas Board of Health
     (board) to adopt rules governing the content of the disclosure
     and the amount of an administrative penalty for a violation. 
     
SECTION 2. (a) Requires the chairman of the Texas Council on
Alzheimer's Disease and Related Disorders (council) to appoint a
task force composed of certain members within 90 days after the
effective date of this Act.

     (b) Requires the council chairman to designate the task
     force's chairman.
     
     (c) Requires the task force to meet at the call of its
     chairman.
     
     (d) Requires the task force to deliver a report to the Texas
     Department of Human Services recommending the nature and type
     of information to be included in the disclosure statement
     within a certain time frame.
     
     (e) Provides that task force members are not entitled to
     compensation or reimbursement for task force service.
     
     (f) Requires the Texas Board of Human Services to adopt rules
     within a certain time frame governing the content of the
     disclosure statement and administrative penalties for
     institutions that commit violations.
     
     (g) Provides that an institution is not required to provide a
     disclosure statement before the 30th day after rules are
     adopted.
SECTION 3. Emergency clause.
           Effective date: upon passage.