JKC H.B. 2601 75(R) BILL ANALYSIS HUMAN SERVICES H.B. 2601 By: Wohlgemuth 3-31-97 Committee Report (Unamended) BACKGROUND 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. Further, 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. PURPOSE The purpose of this bill is to require personal care facilities to use their license number in advertising, to impose additional penalties for operating without a personal care facility license, and increase 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. The department is directed to adopt, by rule, a memorandum of understanding that defines: (1) each agency's responsibilities in dealing with personal care facilities; (2) coordinating procedures to be used by each agency in responding to resident or third party complaints; (3) enforcement of regulations; and (4) correction procedures for violations. SECTION BY SECTION ANALYSIS SECTION 1.Amends Chapter 247.026 (b), Health and Safety Code, by adding section (3) 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, by adding section (2) to allow the Department of Human Services to petition for a temporary restraining order if a facility is operating without a license. SECTION 3.Amends Section 247.045, Health and Safety Code according to the following: _Adds Subsection (b) to create penalties for a person who is found either: (1) operating personal care facilities without a license; or (2) operating a personal care facility without a license, and violating a provision or failing to comply with a rule adopted under chapter 247, Health and Safety Code. _Adds Subsection (c) to increase the minimum penalties for an unlicensed facility in violation of Subsection (b). SECTION 4.Amends Section 247.046, Health and Safety Code, by requiring the Department of Protective and Regulatory Services, the board, and the attorney general to adopt, by rule, a memorandum of understanding that defines: (1) each agency's responsibilities in dealing with personal care facilities; (2) coordinating procedures to be used by each agency in responding to resident or third party complaints; (3) enforcement of regulations; and (4) correction procedures for violations. SECTION 5.Effective Date: September 1, 1997 SECTION 6.Emergency Clause.