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.