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.