By: Montford S.B. No. 436 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation of certain facilities that advertise the 1-2 provision of special care for residents with Alzheimer's disease 1-3 and related disorders. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 242, Health and Safety Code, is amended by 1-6 adding Subchapter H to read as follows: 1-7 SUBCHAPTER H. CARE FOR RESIDENTS WITH ALZHEIMER'S DISEASE 1-8 AND RELATED DISORDERS 1-9 Sec. 242.201. SCOPE OF SUBCHAPTER. This subchapter applies 1-10 only to an institution that advertises, markets, or otherwise 1-11 promotes that the institution provides services to residents with 1-12 Alzheimer's disease and related disorders. 1-13 Sec. 242.202. DISCLOSURE REQUIRED. (a) An institution 1-14 covered by this subchapter shall provide a disclosure statement 1-15 disclosing the nature of its care or treatment of residents with 1-16 Alzheimer's disease and related disorders to: 1-17 (1) an individual seeking placement as a resident with 1-18 Alzheimer's disease or a related disorder; 1-19 (2) an individual attempting to place another 1-20 individual as a resident with Alzheimer's disease or a related 1-21 disorder; or 1-22 (3) a person seeking information about the 1-23 institution's care or treatment of residents with Alzheimer's 1-24 disease and related disorders. 2-1 (b) The disclosure statement must be displayed with the 2-2 institution's license as it is posted under Section 242.042. 2-3 (c) The institution must file the disclosure statement with 2-4 the department as part of the report filed under Section 2-5 242.033(d). The department shall verify contents of the disclosure 2-6 statement as part of the license renewal process. 2-7 (d) The disclosure statement must contain the following 2-8 categories of information: 2-9 (1) the institution's philosophy of care; 2-10 (2) the preadmission, admission, and discharge 2-11 process; 2-12 (3) resident assessment, care planning, and 2-13 implementation of the care plan; 2-14 (4) staffing patterns, such as resident-to-staff 2-15 ratios, and staff training; 2-16 (5) the physical environment of the institution; 2-17 (6) resident activities; 2-18 (7) program costs; 2-19 (8) systems for evaluation of the institution's 2-20 programs for residents; and 2-21 (9) family involvement in resident care. 2-22 (e) The institution must update the disclosure statement as 2-23 needed to reflect changes in the operation of the institution. 2-24 Sec. 242.203. VIOLATION. (a) An institution that violates 2-25 this subchapter is subject to an administrative penalty under 2-26 Subchapter C. 2-27 (b) The department may not revoke or suspend the license of 3-1 an institution for a violation of this subchapter. 3-2 Sec. 242.204. RULES. The board shall adopt rules governing: 3-3 (1) the content of the disclosure statement required 3-4 by this subchapter, consistent with the information categories 3-5 required by Section 242.202(d); and 3-6 (2) the amount of an administrative penalty to be 3-7 assessed for a violation of this subchapter. 3-8 SECTION 2. (a) Not later than the 90th day after the 3-9 effective date of this Act, the chairman of the Texas Council on 3-10 Alzheimer's Disease and Related Disorders authorized by Chapter 3-11 101, Health and Safety Code, shall appoint a task force composed 3-12 of: 3-13 (1) two members from the Texas Council on Alzheimer's 3-14 Disease and Related Disorders; 3-15 (2) two members of the Alzheimer's Association 3-16 Coalition of Texas; 3-17 (3) two representatives of institutions that provide 3-18 services to residents with Alzheimer's disease; 3-19 (4) two representatives of the professional 3-20 gerontology community with expertise in Alzheimer's disease; and 3-21 (5) one professional staff person from the Texas 3-22 Department of Human Services with expertise in Alzheimer's disease. 3-23 (b) The chairman of the Texas Council on Alzheimer's Disease 3-24 and Related Disorders shall designate the task force's chairman. 3-25 (c) The task force shall meet at the call of its chairman. 3-26 (d) Not later than the 180th day after the date the task 3-27 force is appointed, the task force shall deliver a report to the 4-1 Texas Department of Human Services recommending the nature and type 4-2 of information, consistent with the information categories required 4-3 by Subsection (d), Section 242.202, Health and Safety Code, as 4-4 added by this Act, that should be included in the disclosure 4-5 statement required under Subchapter H, Chapter 242, Health and 4-6 Safety Code, as added by this Act. 4-7 (e) Members of the task force are not entitled to 4-8 compensation, per diem, or expense reimbursement for their service 4-9 on the task force. 4-10 (f) Not later than the 120th day after the date the Texas 4-11 Department of Human Services receives the task force's report, and 4-12 after consideration of the task force's recommendations, the Texas 4-13 Board of Human Services shall adopt rules governing: 4-14 (1) the content of the disclosure statement required 4-15 under Subchapter H, Chapter 242, Health and Safety Code, as added 4-16 by this Act; and 4-17 (2) administrative penalties for institutions that 4-18 violate Subchapter H, Chapter 242, Health and Safety Code, as added 4-19 by this Act. 4-20 (g) An institution is not required to provide a disclosure 4-21 statement under Subchapter H, Chapter 242, Health and Safety Code, 4-22 as added by this Act, before the 30th day after rules are adopted 4-23 under Subsection (f) of this section. 4-24 SECTION 3. The importance of this legislation and the 4-25 crowded condition of the calendars in both houses create an 4-26 emergency and an imperative public necessity that the 4-27 constitutional rule requiring bills to be read on three several 5-1 days in each house be suspended, and this rule is hereby suspended, 5-2 and that this Act take effect and be in force from and after its 5-3 passage, and it is so enacted.