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


Senate Research CenterC.S.H.B. 2510
By: Hilderbran (Zaffirini)
Health & Human Services
5-9-97
Committee Report (Substituted)


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 that
advertises, markets, or otherwise promotes that the facility provides
personal care services to residents with Alzheimer's or related disorders;
but provides that a facility is not required to be classified to provide
care or treatment to such residents.  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, C.S.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 that advertises, markets, or
otherwise promotes that the facility provides personal care services to
residents who have Alzheimer's disease or related disorders. Provides that
a facility is not required to be classified under this section to provide
care or treatment to residents who have Alzheimer's disease or related
disorders.  Prohibits a personal care facility classified under this
section from keeping residents in a locked room or other locked
environment except as allowed by Texas Department of Human Services rules
applicable to a personal care facility.   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 board 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.

 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 247.029, Health and Safety Code, to change the terms under
which the board is required, by rule, to establish a classification and
license for certain personal care facilities.  Provides that a facility is
not required to be classified to provide care or treatment to residents
who have Alzheimer's disease or related disorders.  Deletes proposed text
requiring a facility to electronically monitor residents.  Requires the
board to adopt minimum standards for assistance with or supervision of the
administration of medications, rather than for administering of
medications.