S.B. No. 436
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
1-6 by 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;
2-21 (9) family involvement in resident care; and
2-22 (10) the toll-free telephone number maintained by the
2-23 department for acceptance of complaints against the institution.
2-24 (e) The institution must update the disclosure statement as
2-25 needed to reflect changes in the operation of the institution.
2-26 Sec. 242.203. VIOLATION. (a) An institution that violates
2-27 this subchapter is subject to an administrative penalty under
3-1 Subchapter C.
3-2 (b) The department may not revoke or suspend the license of
3-3 an institution for a violation of this subchapter.
3-4 Sec. 242.204. RULES. The board shall adopt rules governing:
3-5 (1) the content of the disclosure statement required
3-6 by this subchapter, consistent with the information categories
3-7 required by Section 242.202(d); and
3-8 (2) the amount of an administrative penalty to be
3-9 assessed for a violation of this subchapter.
3-10 SECTION 2. (a) Not later than the 90th day after the
3-11 effective date of this Act, the chairman of the Texas Council on
3-12 Alzheimer's Disease and Related Disorders authorized by Chapter
3-13 101, Health and Safety Code, shall appoint a task force composed
3-14 of:
3-15 (1) two members from the Texas Council on Alzheimer's
3-16 Disease and Related Disorders;
3-17 (2) two members of the Alzheimer's Association
3-18 Coalition of Texas;
3-19 (3) two representatives of institutions that provide
3-20 services to residents with Alzheimer's disease;
3-21 (4) two representatives of the professional
3-22 gerontology community with expertise in Alzheimer's disease; and
3-23 (5) one professional staff person from the Texas
3-24 Department of Human Services with expertise in Alzheimer's disease.
3-25 (b) The chairman of the Texas Council on Alzheimer's Disease
3-26 and Related Disorders shall designate the task force's chairman.
3-27 (c) The task force shall meet at the call of its chairman.
4-1 (d) Not later than the 180th day after the date the task
4-2 force is appointed, the task force shall deliver a report to the
4-3 Texas Department of Human Services recommending the nature and type
4-4 of information, consistent with the information categories required
4-5 by Subsection (d), Section 242.202, Health and Safety Code, as
4-6 added by this Act, that should be included in the disclosure
4-7 statement required under Subchapter H, Chapter 242, Health and
4-8 Safety Code, as added by this Act.
4-9 (e) Members of the task force are not entitled to
4-10 compensation, per diem, or expense reimbursement for their service
4-11 on the task force.
4-12 (f) Not later than the 120th day after the date the Texas
4-13 Department of Human Services receives the task force's report, and
4-14 after consideration of the task force's recommendations, the Texas
4-15 Board of Human Services shall adopt rules governing:
4-16 (1) the content of the disclosure statement required
4-17 under Subchapter H, Chapter 242, Health and Safety Code, as added
4-18 by this Act; and
4-19 (2) administrative penalties for institutions that
4-20 violate Subchapter H, Chapter 242, Health and Safety Code, as added
4-21 by this Act.
4-22 (g) An institution is not required to provide a disclosure
4-23 statement under Subchapter H, Chapter 242, Health and Safety Code,
4-24 as added by this Act, before the 30th day after rules are adopted
4-25 under Subsection (f) of this section.
4-26 SECTION 3. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.