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.