SRC-AAA H.B. 2601 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2601
By: Wohlgemuth (Carona)
Health & Human Services
4-28-97
Engrossed


DIGEST 

Personal care facilities provide food and shelter to four or more
individuals who are unrelated to the proprietor and personal care services
defined in Section 247.002 (B), Health and Safety Code. The residents of
personal care facilities are not in need of continuous medical
intervention, but some do need assistance with taking medication and other
personal needs.  These facilities are a popular choice for many
individuals who do not need nursing home care.  The growing need and
popularity for this type of facility has prompted the construction of many
new homes in Texas. Unfortunately, with the large increase in personal
care facilities, reports of exploitation in unlicensed facilities have
also increased.

In 1996, the House Committee on Human Services, in fulfillment of its
interim charges, obtained documentation from the Department of Human
Services citing 3,000 to 4,000 unlicensed facilities throughout the state
in 1995.  The Committee heard testimony that estimated the number of
unlicensed facilities to have increased to approximately 6,000.
Consequently, the committee recommended that a specific plan be developed
that addresses unlicensed personal care facilities. This bill requires
personal care facilities to use their license number in advertising,
imposes additional penalties for operating without a personal care
facility license, and increases cooperation among state regulatory
agencies charged with oversight for personal care services delivery.
PURPOSE

As proposed, H.B. 2601 requires personal care facilities to use their
license number in advertising, imposes additional penalties for operating
without a personal care facility license, and increases cooperation among
state regulatory agencies charged with oversight for personal care
services delivery.                                          

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Protective and
Regulatory Services in SECTION 4 (Section 247.046, Health and Safety Code)
of this bill.                                

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 247.026(b), Health and Safety Code, to require a
standard to require a personal care facility to use its license number in
all advertisements, solicitations, and promotional materials. 

SECTION 2. Amends Section 247.044(a), Health and Safety Code, to authorize
the Department of Human Services to petition a court for a temporary
restraining order against a facility operating without a license. 

SECTION 3. Amends Section 247.045, Health and Safety Code, to set forth
provisions by which a person is subject to a civil penalty.  Sets forth
the amount of the civil penalty. 

SECTION 4. Amends Section 247.046, Health and Safety Code, to require the
Department of Protective and Regulatory Services, by rule, to adopt a
memorandum of understanding which sets forth certain items. 

 SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.