By Montford S.B. No. 436 74R4224 DLF-D 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 patients with Alzheimer's disease. 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 ALZHEIMER'S DISEASE 1-8 Sec. 242.201. SCOPE OF SUBCHAPTER. This subchapter applies 1-9 only to an institution that advertises, promotes, markets, or 1-10 otherwise communicates that the institution provides services to 1-11 residents with Alzheimer's disease, including limiting the access 1-12 of an Alzheimer's resident to a designated area. 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 to: 1-17 (1) an individual seeking placement as a resident with 1-18 Alzheimer's disease; 1-19 (2) an individual attempting to place another 1-20 individual as a resident with Alzheimer's disease; or 1-21 (3) a person seeking information about the 1-22 institution's care or treatment of residents with Alzheimer's 1-23 disease. 1-24 (b) The disclosure statement must be displayed with the 2-1 institution's license as it is posted under Section 242.042. 2-2 (c) The institution must file the disclosure statement with 2-3 the department as part of the report filed under Section 2-4 242.033(d). The department shall verify contents of the disclosure 2-5 statement as part of the license renewal process. 2-6 (d) The institution must update the disclosure statement as 2-7 needed to reflect changes in the operation of the institution. 2-8 Sec. 242.203. VIOLATION. (a) An institution that violates 2-9 this subchapter is subject to an administrative penalty under 2-10 Subchapter C. 2-11 (b) The department may not revoke or suspend the license of 2-12 an institution for a violation of this subchapter. 2-13 Sec. 242.204. RULES. The board shall adopt rules governing: 2-14 (1) the content of the disclosure statement required 2-15 by this subchapter; and 2-16 (2) the amount of an administrative penalty to be 2-17 assessed for a violation of this subchapter. 2-18 SECTION 2. (a) Not later than the 90th day after the 2-19 effective date of this Act, the chairman of the Texas Council on 2-20 Alzheimer's Disease and Related Disorders authorized by Chapter 2-21 101, Health and Safety Code, shall appoint a task force composed 2-22 of: 2-23 (1) two members from the Texas Council on Alzheimer's 2-24 Disease and Related Disorders; 2-25 (2) two members of the Alzheimer's Association 2-26 Coalition of Texas; 2-27 (3) two representatives of institutions that provide 3-1 services to residents with Alzheimer's disease; 3-2 (4) two representatives of the professional 3-3 gerontology community with expertise in Alzheimer's disease; and 3-4 (5) one professional staff person from the Texas 3-5 Department of Human Services with expertise in Alzheimer's disease. 3-6 (b) The chairman of the Texas Council on Alzheimer's Disease 3-7 and Related Disorders shall designate the task force's chairman. 3-8 (c) The task force shall meet at the call of its chairman. 3-9 (d) Not later than the 180th day after the date the task 3-10 force is appointed, the task force shall deliver a report to the 3-11 Texas Department of Human Services recommending the nature and type 3-12 of information that should be included in the disclosure statement 3-13 required under Subchapter H, Chapter 242, Health and Safety Code, 3-14 as added by this Act. 3-15 (e) Members of the task force are not entitled to 3-16 compensation, a per diem, or expense reimbursement for their 3-17 service on the task force. 3-18 (f) Not later than the 120th day after the date the Texas 3-19 Department of Human Services receives the task force's report, and 3-20 after consideration of the task force's recommendations, the Texas 3-21 Board of Human Services shall adopt rules governing: 3-22 (1) the content of the disclosure statement required 3-23 under Subchapter H, Chapter 242, Health and Safety Code, as added 3-24 by this Act; and 3-25 (2) administrative penalties for institutions that 3-26 violate Subchapter H, Chapter 242, Health and Safety Code, as added 3-27 by this Act. 4-1 (g) An institution is not required to provide a disclosure 4-2 statement under Subchapter H, Chapter 242, Health and Safety Code, 4-3 before the 30th day after rules are adopted under Subsection (f) of 4-4 this section. 4-5 SECTION 3. The importance of this legislation and the 4-6 crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended, 4-10 and that this Act take effect and be in force from and after its 4-11 passage, and it is so enacted.