SRC-CDH H.B. 2510 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2510
By: Hilderbran (Zaffirini)
Health & Human Services
5-5-97
Engrossed


DIGEST 

Alzheimer's is a disease that destroys the brain, leaving afflicted people
incapable of mental or physical self-reliance.  Currently, there are over
265,000 Texans with Alzheimer's disease, and estimates indicate that one
of eight people over the age of 65 will be stricken with Alzheimer's,
while 50 percent of Texans over the age of 85 will be stricken.
Furthermore, as the elderly population of Texas increases, the demands
placed upon Texas' resources and its citizens due to Alzheimer's will also
increase.  Presently, there are no guidelines in place for personal care
facilities that specialize in the care of Alzheimer's patients.  Concern
has been raised that the unique medical conditions, functional needs, and
behavioral characteristics of Alzheimer's patients merit special
attention.  H.B. 2510 requires the Texas Board of Human Services (board),
by rule, to establish a classification and license for a facility to
provide personal care services to residents with Alzheimer's or other
related dementia and require constant staff assistance and supervision.
This bill also requires the board to adopt minimum standards regarding
quality of care, administration, programming of activities, facility
operations, and staffing.      

PURPOSE

As proposed, H.B. 2510 provides for the regulation of certain personal
care facilities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Human Services in
SECTION 1 (Sections 247.029(a) and (d), Health and Safety Code) of this
bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 247B, Health and Safety Code, by adding Section
247.029, as follows: 

Sec. 247.029.  FACILITIES FOR PERSONS WITH ALZHEIMER'S DISEASE.  Requires
the Texas Board of Human Services (board), by rule, to establish a
classification and license for a facility to provide personal care
services to residents who have Alzheimer's disease or other related
dementia and require constant staff assistance or supervision.  Prohibits
a personal care facility classified under this section from keeping
residents in a locked room or other environment except in certain cases.
Requires such a facility to electronically monitor residents when
appropriate.  Prohibits a facility from chemically or physically
restraining a resident except in an emergency.  Requires the board to
adopt minimum standards regarding other aspects of personal care
facilities for persons with Alzheimer's disease.   

SECTION 2. Effective date:  September 1, 1997.  Requires the Texas Board
of Human Services to adopt rules required under Section 247.029, Health
and Safety Code, as added by this Act, not later than December 1, 1997. 

SECTION 3. Emergency clause.