BILL ANALYSIS HUMAN SERVICES C.S.H.B. 2510 By: Hilderbran 4-9-97 Committee Report (Substituted) BACKGROUND This bill would implement recommendations from the Committee on Human Services Interim Report. The Committee was charged with studying long-term care for Texans. Personal care is the description used in Chapter 247 of the Health and Safety Code to characterize custodial care. This type of setting is likely to be commonly referred to as assisted living. Many clients live in personal care facilities, including patients who suffer from Alzheimer's disease. Alzheimer's patients have special needs, because they are unable to complain about inadequate services. They may be constrained to avoid their wandering, to prevent danger to themselves, or for other reasons, including convenience. There are no guidelines for facilities that specialize in care of Alzheimer's patients. PURPOSE This bill would establish guidelines for facilities regarding persons with Alzheimer's disease or other related dementia. RULEMAKING AUTHORITY The Texas Department of Human Services is directed in section 1(a) to establish, by rule, a classification and license for a facility to provide personal care services to residents with Alzheimer's or other related dementia; and to require constant staff assistance or supervision. The board is directed in section 1 (d) to adopt, by rule, minimum standards for personal care facilities classified under the section. SECTION BY SECTION ANALYSES SECTION 1:This bill amends Subchapter B, Chapter 247, Health and Safety Code, by adding Section 247.029, Facilities For Persons With Alzheimer's Disease. (a)Directs the Texas Department of Human Services, 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 to require constant staff assistance or supervision. (b)These facilities are restricted from keeping residents in a locked room or other environment except during nighttime sleeping hours or in a ward or facility where all residents are in the advanced stage of dementia. (c)A facility is directed to electronically monitor residents when appropriate; however, residents may only be chemically or physically restrained in emergencies. (d)Directs DHS to adopt minimum standards to address staff-resident and staff training ratios, personnel and duties, activity and social programs, care and assessments of residents with dementia, admissions, operations, record-keeping, administering of medications, advertising, and facility construction. SECTION 2:The act takes effect September 1, 1997, and the Texas Department of Human Services should adopt appropriate rules by December 1, 1997. SECTION 3:Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The bill grants rulemaking authority to the Department of Human Services. The original bill granted this authority to the Department of Health.