SRC-CDH S.B. 1159 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1159
By: Carona
Health & Human Services
3-19-97
As Filed


DIGEST 

Currently, personal care and assisted living settings have become the
accommodation of choice for consumers who live at home with security
risks, but do not need continuous medical intervention. Because of the
growing need and demand for this type of care, many unlicensed
accommodations are springing up around the state.  The Department of Human
Services (DHS) identified the existence of 3,000 to 4,000 unlicensed
facilities in 1995, and reports of exploitation of consumers in unlicensed
accommodations have raised serious concern.  In an effort to better
protect the quality of care provided to persons in these homes, S.B. 1159
authorizes DHS to petition for a temporary restraining order if a facility
is operating without a license; requires a personal care facility to use
its license number in all advertisements and promotional materials;
requires greater cooperation among agencies with personal care facility
oversight; and provides civil penalties for the operation of a facility
without a license.   

PURPOSE

As proposed, S.B. 1159 provides for regulation of personal care facilities
and establishes a civil penalty. 

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
minimum standards to require a personal care facility to use its license
number in all advertisements, solicitations, and promotional materials.
Makes conforming changes. 

SECTION 2. Amends Section 247.044(a), Health and Safety Code, to authorize
the Texas Department of Human Services (department) to petition a district
court for a temporary restraining order if the department finds that the
facility is operating without a license.  Makes conforming changes.   

SECTION 3. Amends Section 247.045, Health and Safety Code, to provide that
a person is subject to a civil penalty if the person is in violation of
Section 247.021, regarding license requirements; or has been determined to
be in violation of Section 247.021 and violates any other provision of
this chapter or fails to comply with a rule adopted under this chapter.
Prohibits the amount of a civil penalty under Subsection (b) from being
less than $1,000 or more than $10,000 for each act of violation, with each
day of a continuing violation constituting a separate ground of recovery.
Makes a conforming change. 

SECTION 4. Amends Section 247.046, Health and Safety Code, as amended by
Chapter 76, Acts of the 74th Legislature, Regular Session, 1995, to set
forth the terms by which the Texas Board of Human Services, the Department
of Protective and Regulatory Services, and the attorney general are
required to adopt, by rule, a memorandum of understanding regarding
cooperation among agencies. 

SECTION 5. Effective date:  September 1, 1997.
 
SECTION 6. Emergency clause.