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.