By Rangel H.B. No. 1229
74R5564 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain facilities that advertise the
1-3 provision of special care for residents with Alzheimer's disease
1-4 and related disorders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 242, Health and Safety Code, is amended
1-7 by adding Subchapter H to read as follows:
1-8 SUBCHAPTER H. CARE FOR RESIDENTS WITH ALZHEIMER'S DISEASE
1-9 AND RELATED DISORDERS
1-10 Sec. 242.201. SCOPE OF SUBCHAPTER. This subchapter applies
1-11 only to an institution that advertises, markets, or otherwise
1-12 promotes that the institution provides services to residents with
1-13 Alzheimer's disease and related disorders.
1-14 Sec. 242.202. DISCLOSURE REQUIRED. (a) An institution
1-15 covered by this subchapter shall provide a disclosure statement
1-16 disclosing the nature of its care or treatment of residents with
1-17 Alzheimer's disease and related disorders to:
1-18 (1) an individual seeking placement as a resident with
1-19 Alzheimer's disease or a related disorder;
1-20 (2) an individual attempting to place another
1-21 individual as a resident with Alzheimer's disease or a related
1-22 disorder; or
1-23 (3) a person seeking information about the
1-24 institution's care or treatment of residents with Alzheimer's
2-1 disease and related disorders.
2-2 (b) The disclosure statement must be displayed with the
2-3 institution's license as it is posted under Section 242.042.
2-4 (c) The institution must file the disclosure statement with
2-5 the department as part of the report filed under Section
2-6 242.033(d). The department shall verify contents of the disclosure
2-7 statement as part of the license renewal process.
2-8 (d) The disclosure statement must contain the following
2-9 categories of information:
2-10 (1) the institution's philosophy of care;
2-11 (2) the preadmission, admission, and discharge
2-12 process;
2-13 (3) resident assessment, care planning, and
2-14 implementation of the care plan;
2-15 (4) staffing patterns, such as resident-to-staff
2-16 ratios, and staff training;
2-17 (5) the physical environment of the institution;
2-18 (6) resident activities;
2-19 (7) program costs;
2-20 (8) systems for evaluation of the institution's
2-21 programs for residents; and
2-22 (9) family involvement in resident care.
2-23 (e) The institution must update the disclosure statement as
2-24 needed to reflect changes in the operation of the institution.
2-25 Sec. 242.203. VIOLATION. (a) An institution that violates
2-26 this subchapter is subject to an administrative penalty under
2-27 Subchapter C.
3-1 (b) The department may not revoke or suspend the license of
3-2 an institution for a violation of this subchapter.
3-3 Sec. 242.204. RULES. The board shall adopt rules governing:
3-4 (1) the content of the disclosure statement required
3-5 by this subchapter, consistent with the information categories
3-6 required by Section 242.202(d); and
3-7 (2) the amount of an administrative penalty to be
3-8 assessed for a violation of this subchapter.
3-9 SECTION 2. (a) Not later than the 90th day after the
3-10 effective date of this Act, the chairman of the Texas Council on
3-11 Alzheimer's Disease and Related Disorders authorized by Chapter
3-12 101, Health and Safety Code, shall appoint a task force composed
3-13 of:
3-14 (1) two members from the Texas Council on Alzheimer's
3-15 Disease and Related Disorders;
3-16 (2) two members of the Alzheimer's Association
3-17 Coalition of Texas;
3-18 (3) two representatives of institutions that provide
3-19 services to residents with Alzheimer's disease;
3-20 (4) two representatives of the professional
3-21 gerontology community with expertise in Alzheimer's disease; and
3-22 (5) one professional staff person from the Texas
3-23 Department of Human Services with expertise in Alzheimer's disease.
3-24 (b) The chairman of the Texas Council on Alzheimer's Disease
3-25 and Related Disorders shall designate the task force's chairman.
3-26 (c) The task force shall meet at the call of its chairman.
3-27 (d) Not later than the 180th day after the date the task
4-1 force is appointed, the task force shall deliver a report to the
4-2 Texas Department of Human Services recommending the nature and type
4-3 of information, consistent with the information categories required
4-4 by Section 242.202(d), Health and Safety Code, as added by this
4-5 Act, that should be included in the disclosure statement required
4-6 under Subchapter H, Chapter 242, Health and Safety Code, as added
4-7 by this Act.
4-8 (e) Members of the task force are not entitled to
4-9 compensation, a per diem, or expense reimbursement for their
4-10 service on the task force.
4-11 (f) Not later than the 120th day after the date the Texas
4-12 Department of Human Services receives the task force's report, and
4-13 after consideration of the task force's recommendations, the Texas
4-14 Board of Human Services shall adopt rules governing:
4-15 (1) the content of the disclosure statement required
4-16 under Subchapter H, Chapter 242, Health and Safety Code, as added
4-17 by this Act; and
4-18 (2) administrative penalties for institutions that
4-19 violate Subchapter H, Chapter 242, Health and Safety Code, as added
4-20 by this Act.
4-21 (g) An institution is not required to provide a disclosure
4-22 statement under Subchapter H, Chapter 242, Health and Safety Code,
4-23 as added by this Act, before the 30th day after rules are adopted
4-24 under Subsection (f) of this section.
4-25 SECTION 3. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.