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.