1-1 By: Montford S.B. No. 436
1-2 (In the Senate - Filed February 3, 1995; February 6, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 16, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 February 16, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 436 By: Montford
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of certain facilities that advertise the
1-11 provision of special care for residents with Alzheimer's disease
1-12 and related disorders.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 242, Health and Safety Code, is amended by
1-15 adding Subchapter H to read as follows:
1-16 SUBCHAPTER H. CARE FOR RESIDENTS WITH ALZHEIMER'S DISEASE
1-17 AND RELATED DISORDERS
1-18 Sec. 242.201. SCOPE OF SUBCHAPTER. This subchapter applies
1-19 only to an institution that advertises, markets, or otherwise
1-20 promotes that the institution provides services to residents with
1-21 Alzheimer's disease and related disorders.
1-22 Sec. 242.202. DISCLOSURE REQUIRED. (a) An institution
1-23 covered by this subchapter shall provide a disclosure statement
1-24 disclosing the nature of its care or treatment of residents with
1-25 Alzheimer's disease and related disorders to:
1-26 (1) an individual seeking placement as a resident with
1-27 Alzheimer's disease or a related disorder;
1-28 (2) an individual attempting to place another
1-29 individual as a resident with Alzheimer's disease or a related
1-30 disorder; or
1-31 (3) a person seeking information about the
1-32 institution's care or treatment of residents with Alzheimer's
1-33 disease and related disorders.
1-34 (b) The disclosure statement must be displayed with the
1-35 institution's license as it is posted under Section 242.042.
1-36 (c) The institution must file the disclosure statement with
1-37 the department as part of the report filed under Section
1-38 242.033(d). The department shall verify contents of the disclosure
1-39 statement as part of the license renewal process.
1-40 (d) The disclosure statement must contain the following
1-41 categories of information:
1-42 (1) the institution's philosophy of care;
1-43 (2) the preadmission, admission, and discharge
1-44 process;
1-45 (3) resident assessment, care planning, and
1-46 implementation of the care plan;
1-47 (4) staffing patterns, such as resident-to-staff
1-48 ratios, and staff training;
1-49 (5) the physical environment of the institution;
1-50 (6) resident activities;
1-51 (7) program costs;
1-52 (8) systems for evaluation of the institution's
1-53 programs for residents; and
1-54 (9) family involvement in resident care.
1-55 (e) The institution must update the disclosure statement as
1-56 needed to reflect changes in the operation of the institution.
1-57 Sec. 242.203. VIOLATION. (a) An institution that violates
1-58 this subchapter is subject to an administrative penalty under
1-59 Subchapter C.
1-60 (b) The department may not revoke or suspend the license of
1-61 an institution for a violation of this subchapter.
1-62 Sec. 242.204. RULES. The board shall adopt rules governing:
1-63 (1) the content of the disclosure statement required
1-64 by this subchapter, consistent with the information categories
1-65 required by Section 242.202(d); and
1-66 (2) the amount of an administrative penalty to be
1-67 assessed for a violation of this subchapter.
1-68 SECTION 2. (a) Not later than the 90th day after the
2-1 effective date of this Act, the chairman of the Texas Council on
2-2 Alzheimer's Disease and Related Disorders authorized by Chapter
2-3 101, Health and Safety Code, shall appoint a task force composed
2-4 of:
2-5 (1) two members from the Texas Council on Alzheimer's
2-6 Disease and Related Disorders;
2-7 (2) two members of the Alzheimer's Association
2-8 Coalition of Texas;
2-9 (3) two representatives of institutions that provide
2-10 services to residents with Alzheimer's disease;
2-11 (4) two representatives of the professional
2-12 gerontology community with expertise in Alzheimer's disease; and
2-13 (5) one professional staff person from the Texas
2-14 Department of Human Services with expertise in Alzheimer's disease.
2-15 (b) The chairman of the Texas Council on Alzheimer's Disease
2-16 and Related Disorders shall designate the task force's chairman.
2-17 (c) The task force shall meet at the call of its chairman.
2-18 (d) Not later than the 180th day after the date the task
2-19 force is appointed, the task force shall deliver a report to the
2-20 Texas Department of Human Services recommending the nature and type
2-21 of information, consistent with the information categories required
2-22 by Subsection (d), Section 242.202, Health and Safety Code, as
2-23 added by this Act, that should be included in the disclosure
2-24 statement required under Subchapter H, Chapter 242, Health and
2-25 Safety Code, as added by this Act.
2-26 (e) Members of the task force are not entitled to
2-27 compensation, per diem, or expense reimbursement for their service
2-28 on the task force.
2-29 (f) Not later than the 120th day after the date the Texas
2-30 Department of Human Services receives the task force's report, and
2-31 after consideration of the task force's recommendations, the Texas
2-32 Board of Human Services shall adopt rules governing:
2-33 (1) the content of the disclosure statement required
2-34 under Subchapter H, Chapter 242, Health and Safety Code, as added
2-35 by this Act; and
2-36 (2) administrative penalties for institutions that
2-37 violate Subchapter H, Chapter 242, Health and Safety Code, as added
2-38 by this Act.
2-39 (g) An institution is not required to provide a disclosure
2-40 statement under Subchapter H, Chapter 242, Health and Safety Code,
2-41 as added by this Act, before the 30th day after rules are adopted
2-42 under Subsection (f) of this section.
2-43 SECTION 3. The importance of this legislation and the
2-44 crowded condition of the calendars in both houses create an
2-45 emergency and an imperative public necessity that the
2-46 constitutional rule requiring bills to be read on three several
2-47 days in each house be suspended, and this rule is hereby suspended,
2-48 and that this Act take effect and be in force from and after its
2-49 passage, and it is so enacted.
2-50 * * * * *