75R12266 MCK-D By Coleman, Naishtat H.B. No. 2409 Substitute the following for H.B. No. 2409: By Naishtat C.S.H.B. No. 2409 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creating a licensing program for adult foster care 1-3 homes. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 102.001(4), Human Resources Code, is 1-6 amended to read as follows: 1-7 (4) "Person providing services" means an individual, 1-8 corporation, association, partnership, or other private or public 1-9 entity providing convalescent and nursing home services, home 1-10 health services, personal care services, adult foster care home 1-11 services, or alternate care services. 1-12 SECTION 2. Subtitle B, Title 4, Health and Safety Code, is 1-13 amended by adding Chapter 252 to read as follows: 1-14 CHAPTER 252. ADULT FOSTER CARE HOMES 1-15 Sec. 252.001. DEFINITIONS. In this chapter: 1-16 (1) "Adult foster care home" means an establishment 1-17 that provides room and board to one or more elderly persons 1-18 unrelated to the proprietor that receives reimbursement under the 1-19 state Medicaid program and is not otherwise required to be licensed 1-20 by this state under any other law. 1-21 (2) "Board" means the Texas Board of Human Services. 1-22 (3) "Department" means the Texas Department of Human 1-23 Services. 1-24 (4) "Elderly person" means a person 65 years of age or 2-1 older. 2-2 Sec. 252.002. LICENSURE REQUIRED. A person may not 2-3 establish or operate an adult foster care home without a license 2-4 issued under this chapter. 2-5 Sec. 252.003. LICENSE APPLICATION. (a) An applicant for an 2-6 adult foster care home license must submit an application to the 2-7 department on a form prescribed by the department. 2-8 (b) Each application must be accompanied by a nonrefundable 2-9 license fee in an amount set by the board. 2-10 Sec. 252.004. ISSUANCE AND RENEWAL OF LICENSE. (a) The 2-11 department shall issue a license if, after inspection and 2-12 investigation, it finds that the applicant and the adult foster 2-13 care home meet the requirements of this chapter and the standards 2-14 adopted under this chapter. 2-15 (b) A license issued under this chapter expires on the 2-16 second anniversary after the date the license is issued. 2-17 (c) A license may be renewed if the license holder: 2-18 (1) submits the license renewal fee to the department; 2-19 and 2-20 (2) continues to meet the requirements of this 2-21 chapter. 2-22 Sec. 252.005. ADOPTION OF RULES; FEES. (a) The board shall 2-23 adopt rules necessary to implement this chapter, including 2-24 requirements for the issuance, renewal, denial, suspension, and 2-25 revocation of a license to operate an adult foster care home. 2-26 (b) The department shall set fees sufficient to cover the 2-27 cost of administering this chapter. 3-1 Sec. 252.006. STANDARDS. (a) The board shall by rule 3-2 prescribe minimum standards to protect the health and safety of a 3-3 resident of an adult foster care home. 3-4 (b) The minimum standards must: 3-5 (1) clearly differentiate an adult foster care home 3-6 from other licensed institutions; 3-7 (2) ensure quality care and protection of the 3-8 residents' health and safety without excessive cost; 3-9 (3) prescribe minimum fire safety and emergency 3-10 standards; 3-11 (4) prescribe a limitation on the acuity levels of 3-12 residents' medical conditions for continued residence in the home; 3-13 (5) require monitoring of each resident's health 3-14 status and medical condition and maintenance of adequate medical 3-15 records to document the resident's health status and medical 3-16 condition; 3-17 (6) require adherence to minimum standards of resident 3-18 rights; 3-19 (7) require reporting of situations in which there is 3-20 reasonable cause to believe that abuse, neglect, mistreatment, or 3-21 exploitation has occurred; 3-22 (8) require criminal history checks of each 3-23 nonlicensed person who works with residents in adult foster care 3-24 homes and prohibit a person convicted of any felony specified by 3-25 the standards from working with a resident; 3-26 (9) prescribe minimum qualifications for an employee 3-27 of an adult foster care home that require the employee be 4-1 adequately trained to meet the health care needs of and provide 4-2 assistance in activities of daily living to residents of an adult 4-3 foster care home; and 4-4 (10) require each employee of an adult foster care 4-5 home to attend a minimum number of hours of continuing education in 4-6 subjects related to the care of elderly persons. 4-7 Sec. 252.007. INSPECTIONS. The department, with assistance 4-8 from the Texas Department on Aging, may inspect an adult foster 4-9 care home at reasonable times as necessary to assure compliance 4-10 with this chapter. 4-11 Sec. 252.008. ASSISTANCE BY DEPARTMENT. The department, 4-12 with assistance from the Texas Department on Aging, may provide 4-13 assistance to an adult foster care home provider, including the 4-14 provision of training materials, the coordination of training 4-15 conferences and workshops with other state agencies, and the 4-16 development of a provider's handbook explaining the rules governing 4-17 adult foster care homes. 4-18 Sec. 252.009. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. 4-19 The department, after providing notice and opportunity for a 4-20 hearing to the applicant or license holder, may deny, suspend, or 4-21 revoke a license if the department finds that the applicant or 4-22 license holder has substantially failed to comply with the 4-23 requirements established under this chapter. The denial, 4-24 suspension, or revocation of a license by the department and an 4-25 appeal from that action are governed by the procedures for a 4-26 contested case hearing under Chapter 2001, Government Code. 4-27 Sec. 252.010. EMERGENCY SUSPENSION OR CLOSING ORDER. (a) 5-1 The department shall suspend an adult foster care home's license or 5-2 order an immediate closing of the adult foster care home if: 5-3 (1) the department finds the institution is operating 5-4 in violation of the standards prescribed by this chapter; and 5-5 (2) the violation creates an immediate threat to the 5-6 health and safety of a resident. 5-7 (b) An order under Subsection (a) suspending a license or 5-8 ordering the immediate closing of an adult foster care home is 5-9 immediately effective on the date on which the license holder 5-10 receives written notice or on the date specified in the order. 5-11 (c) An order suspending the license or ordering closure of 5-12 an adult foster care home is valid for 10 days after its effective 5-13 date. 5-14 (d) The department by rule shall provide for the relocation 5-15 of residents from an adult foster care home that is closed or whose 5-16 license is suspended. 5-17 SECTION 3. This Act takes effect September 1, 1997, except 5-18 that Section 252.002, Health and Safety Code, as added by this Act, 5-19 takes effect January 1, 1998. 5-20 SECTION 4. The importance of this legislation and the 5-21 crowded condition of the calendars in both houses create an 5-22 emergency and an imperative public necessity that the 5-23 constitutional rule requiring bills to be read on three several 5-24 days in each house be suspended, and this rule is hereby suspended.