By Wohlgemuth H.B. No. 691
76R2797 CMR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of facilities that provide assisted
1-3 living services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Chapter 247, Health and Safety
1-6 Code, is amended to read as follows:
1-7 CHAPTER 247. ASSISTED LIVING [PERSONAL CARE] FACILITIES
1-8 SECTION 2. Sections 247.001, 247.002, 247.003, and 247.004,
1-9 Health and Safety Code, are amended to read as follows:
1-10 Sec. 247.001. SHORT TITLE. This chapter may be cited as the
1-11 Assisted Living [Personal Care] Facility Licensing Act.
1-12 Sec. 247.002. DEFINITIONS. In this chapter:
1-13 (1) "Assisted living facility" means an establishment,
1-14 including a board and care home, that:
1-15 (A) furnishes, in one or more facilities, food
1-16 and shelter to three or more persons who are unrelated to the
1-17 proprietor of the establishment; and
1-18 (B) provides assisted living services.
1-19 (2) "Assisted living services" means:
1-20 (A) assistance with meals, dressing, movement,
1-21 bathing, or other personal needs or maintenance;
1-22 (B) the administration of medication by a person
1-23 licensed to administer medication or the assistance with or
1-24 supervision of medication; or
2-1 (C) general supervision or oversight of the
2-2 physical and mental well-being of a person who needs assistance to
2-3 maintain a private and independent residence in an assisted living
2-4 facility or who needs assistance to manage the person's personal
2-5 life, regardless of whether a guardian has been appointed for the
2-6 person.
2-7 (3) "Board" means the Texas Board of Human Services.
2-8 (4) [(2)] "Department" means the Texas Department of
2-9 Human Services.
2-10 [(3) "Personal care facility" means an establishment,
2-11 including a board and care home, that:]
2-12 [(A) furnishes, in one or more facilities, food
2-13 and shelter to four or more persons who are unrelated to the
2-14 proprietor of the establishment; and]
2-15 [(B) provides personal care services.]
2-16 [(4) "Personal care services" means:]
2-17 [(A) assistance with meals, dressing, movement,
2-18 bathing, or other personal needs or maintenance;]
2-19 [(B) the administration of medication by a
2-20 person licensed to administer medication or the assistance with or
2-21 supervision of medication; or]
2-22 [(C) general supervision or oversight of the
2-23 physical and mental well-being of a person who needs assistance to
2-24 maintain a private and independent residence in a personal care
2-25 facility or who needs assistance to manage the person's personal
2-26 life, regardless of whether a guardian has been appointed for the
2-27 person.]
3-1 (5) "Qualified religious society" means a church,
3-2 synagogue, or other organization or association that is organized
3-3 primarily for religious purposes and that:
3-4 (A) has been in existence in this state for at
3-5 least 35 years; and
3-6 (B) does not distribute any of its income to its
3-7 members, officers, or governing body other than as reasonable
3-8 compensation for services or reimbursement of expenses.
3-9 Sec. 247.003. APPLICATION OF OTHER LAW. (a) Except as
3-10 provided by Subsection (b), Chapter 242 does not apply to an
3-11 assisted living [a personal care] facility licensed under this
3-12 chapter.
3-13 (b) Subchapter D, Chapter 242, applies to an assisted
3-14 living [a personal care] facility, and the department shall
3-15 administer and enforce that subchapter for an assisted living [a
3-16 personal care] facility in the same manner it is administered and
3-17 enforced for a nursing home.
3-18 Sec. 247.004. EXEMPTIONS. This chapter does not apply to:
3-19 (1) a boarding facility that has rooms for rent and
3-20 that may offer community meals but that does not provide assisted
3-21 living [personal care] services;
3-22 (2) an establishment conducted by or for the adherents
3-23 of the Church of Christ, Scientist, for the purpose of providing
3-24 facilities for the care or treatment of the sick who depend
3-25 exclusively on prayer or spiritual means for healing without the
3-26 use of any drug or material remedy if the establishment complies
3-27 with local safety, sanitary, and quarantine ordinances and
4-1 regulations; or
4-2 (3) a facility conducted by or for the adherents of a
4-3 qualified religious society classified as a tax-exempt organization
4-4 under an Internal Revenue Service group exemption ruling for the
4-5 purpose of providing assisted living [personal care] services
4-6 without charge solely for the society's professed members or
4-7 ministers in retirement, if the facility complies with local
4-8 safety, sanitation, and quarantine ordinances and regulations.
4-9 SECTION 3. Section 247.021(a), Health and Safety Code, is
4-10 amended to read as follows:
4-11 (a) A person may not establish or operate an assisted living
4-12 [a personal care] facility without a license issued under this
4-13 chapter.
4-14 SECTION 4. Sections 247.022(a) and (c), Health and Safety
4-15 Code, are amended to read as follows:
4-16 (a) An applicant for an assisted living [a personal care]
4-17 facility license must submit an application to the department on a
4-18 form prescribed by the department.
4-19 (c) The department may provide technical assistance to an
4-20 applicant by making brief inspections of the assisted living
4-21 [personal care] facility proposed to be licensed and making
4-22 recommendations concerning actions necessary to meet standards for
4-23 assisted living [personal care] facilities.
4-24 SECTION 5. Section 247.023(a), Health and Safety Code, is
4-25 amended to read as follows:
4-26 (a) The department shall issue a license if, after
4-27 inspection and investigation, it finds that the applicant and the
5-1 assisted living [personal care] facility meet the requirements of
5-2 this chapter and the standards adopted under this chapter.
5-3 SECTION 6. Sections 247.024(a) and (c), Health and Safety
5-4 Code, are amended to read as follows:
5-5 (a) The board shall set license fees imposed by this chapter
5-6 in amounts reasonable and necessary to defray the cost of
5-7 administering this chapter, but not to exceed:
5-8 (1) $300 for an assisted living [a personal care]
5-9 facility that has not more than 10 beds;
5-10 (2) $350 for an assisted living [a personal care]
5-11 facility that has not less than 11 or more than 20 beds; and
5-12 (3) $400 for an assisted living [a personal care]
5-13 facility that has 21 or more beds.
5-14 (c) Investigation fees or attorney's fees may not be
5-15 assessed against or collected from an assisted living [a personal
5-16 care] facility by or on behalf of the department or another state
5-17 agency unless the department or other state agency assesses and
5-18 collects a penalty authorized by this chapter from the facility.
5-19 SECTION 7. Sections 247.025, 247.026, and 247.027, Health
5-20 and Safety Code, are amended to read as follows:
5-21 Sec. 247.025. ADOPTION OF RULES. The board shall adopt
5-22 rules necessary to implement this chapter, including requirements
5-23 for the issuance, renewal, denial, suspension, and revocation of a
5-24 license to operate an assisted living [a personal care] facility.
5-25 Sec. 247.026. STANDARDS. (a) The board by rule shall
5-26 prescribe minimum standards to protect the health and safety of an
5-27 assisted living [a personal care] facility resident.
6-1 (b) The standards must:
6-2 (1) clearly differentiate an assisted living [a
6-3 personal care] facility from an institution required to be licensed
6-4 under Chapter 242;
6-5 (2) ensure quality care and protection of the
6-6 residents' health and safety without excessive cost; and
6-7 (3) require an assisted living [a personal care]
6-8 facility to use its license number or a state-issued facility
6-9 identification number in all advertisements, solicitations, and
6-10 promotional materials.
6-11 (c) The board may prescribe different levels of minimum
6-12 standards for assisted living [personal care] facilities according
6-13 to the number of residents, the type of residents, the level of
6-14 assisted living [personal care] provided, and other distinctions
6-15 the board considers relevant.
6-16 (d) Local health and safety standards adopted by the
6-17 municipality in which an assisted living [a personal care] facility
6-18 is located do not apply to the facility unless the standards
6-19 specifically state that they apply to assisted living [personal
6-20 care] facilities.
6-21 (e) The board by rule shall prescribe minimum standards
6-22 requiring appropriate training in geriatric care for each
6-23 individual who provides services to geriatric residents as an
6-24 employee of an assisted living [a personal care] facility and who
6-25 holds a license or certificate issued by an agency of this state
6-26 that authorizes the person to provide the services. The minimum
6-27 standards may require that each licensed or certified individual
7-1 complete an appropriate program of continuing education or
7-2 in-service training, as determined by board rule, on a schedule
7-3 determined by board rule.
7-4 (f) Any individual otherwise qualified, who has been
7-5 employed by a licensed assisted living [personal care] facility for
7-6 at least 90 days, shall be eligible to be certified as a medication
7-7 aide following completion of the required course of study and
7-8 successful completion of any required examination.
7-9 Sec. 247.027. INSPECTIONS. (a) In addition to the
7-10 inspection required under Section 247.023(a), the department may
7-11 inspect an assisted living [a personal care] facility at reasonable
7-12 times as necessary to assure compliance with this chapter.
7-13 (b) The department shall establish an inspection checklist
7-14 based on the minimum standards that describes the matters subject
7-15 to inspection. The department shall use the inspection checklist
7-16 in conducting inspections under this section and Section
7-17 247.023(a).
7-18 SECTION 8. Subchapter B, Chapter 247, Health and Safety
7-19 Code, is amended by adding Section 247.0275 to read as follows:
7-20 Sec. 247.0275. INSPECTION EXIT CONFERENCE. (a) At the
7-21 conclusion of an inspection under Section 247.023(a) or Section
7-22 247.027, the inspector shall perform an exit conference to advise
7-23 the assisted living facility of the findings resulting from the
7-24 inspection.
7-25 (b) At the exit conference, the inspector shall provide a
7-26 copy of the inspection checklist to the assisted living facility
7-27 and list each violation discovered during the inspection, with
8-1 specific reference to the standard violated.
8-2 (c) If, after the initial exit conference, additional
8-3 violations are cited, the inspector shall conduct an additional
8-4 exit conference regarding the newly identified violations.
8-5 (d) The assisted living facility shall submit an acceptable
8-6 plan of correction to the regional director with supervisory
8-7 authority over the inspector not later than the 10th day after the
8-8 date of the completion of the final exit conference.
8-9 SECTION 9. Section 247.028, Health and Safety Code, is
8-10 amended to read as follows:
8-11 Sec. 247.028. ASSISTANCE BY DEPARTMENT. The department may
8-12 provide assistance to an assisted living [a personal care]
8-13 facility, including the provision of training materials, the
8-14 coordination of training conferences and workshops with other state
8-15 agencies, and the development of a provider's handbook explaining
8-16 assisted living [personal care] facility rules.
8-17 SECTION 10. Section 247.029, Health and Safety Code, as
8-18 added by Chapter 444, Acts of the 75th Legislature, Regular
8-19 Session, 1997, is amended to read as follows:
8-20 Sec. 247.029. FACILITIES FOR PERSONS WITH ALZHEIMER'S
8-21 DISEASE. (a) The board by rule shall establish a classification
8-22 and license for a facility that advertises, markets, or otherwise
8-23 promotes that the facility provides assisted living [personal care]
8-24 services to residents who have Alzheimer's disease or related
8-25 disorders. A facility is not required to be classified under this
8-26 section to provide care or treatment to residents who have
8-27 Alzheimer's disease or related disorders.
9-1 (b) The board shall adopt minimum standards for an assisted
9-2 living [a personal care] facility classified under this section.
9-3 SECTION 11. Section 247.029, Health and Safety Code, as
9-4 added by Chapter 1088, Acts of the 75th Legislature, Regular
9-5 Session, 1997, is renumbered as Section 247.030, Health and Safety
9-6 Code, and amended to read as follows:
9-7 Sec. 247.030 [247.029]. MUNICIPAL ENFORCEMENT. The
9-8 governing body of a municipality by ordinance may:
9-9 (1) prohibit a person who does not hold a license
9-10 issued under this chapter from establishing or operating an
9-11 assisted living [a personal care] facility within the municipality;
9-12 and
9-13 (2) establish a procedure for emergency closure of a
9-14 facility in circumstances in which:
9-15 (A) the facility is established or operating in
9-16 violation of Section 247.021; and
9-17 (B) the continued operation of the facility
9-18 creates an immediate threat to the health and safety of a resident
9-19 of the facility.
9-20 SECTION 12. Section 247.042, Health and Safety Code, is
9-21 amended to read as follows:
9-22 Sec. 247.042. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
9-23 If the department finds an assisted living [a personal care]
9-24 facility operating in violation of the standards prescribed under
9-25 this chapter and the violations create an immediate threat to the
9-26 health and safety of a resident in the facility, the department
9-27 shall suspend the license or order immediate closing of all or part
10-1 of the facility.
10-2 (b) The order suspending a license under Subsection (a) is
10-3 effective immediately on written hand-delivered notice to the
10-4 license holder or on the date specified in the order.
10-5 (c) The order suspending the license and ordering closure of
10-6 all or part of an assisted living [a personal care] facility is
10-7 valid for 10 days after its effective date.
10-8 (d) The department shall provide for the relocation of
10-9 residents of an assisted living [a personal care] facility that is
10-10 closed. The relocation may not be to a facility with a more
10-11 restrictive environment unless all other reasonable alternatives
10-12 are exhausted. Relocation procedures shall be adopted as part of
10-13 the memorandum of understanding adopted under Section 247.062.
10-14 SECTION 13. Section 247.043, Health and Safety Code, is
10-15 amended by amending Subsection (a) and adding Subsection (c) to
10-16 read as follows:
10-17 (a) The department shall conduct a preliminary investigation
10-18 of each allegation of abuse, exploitation, or neglect of a resident
10-19 of an assisted living [a personal care] facility to determine if
10-20 there is evidence to corroborate the allegation. If the department
10-21 determines that there is evidence to corroborate the allegation,
10-22 the department shall conduct a thorough investigation of the
10-23 allegation.
10-24 (c) An employee of a facility who has reasonable cause to
10-25 believe that a resident is suffering abuse, neglect, or
10-26 exploitation shall report the abuse, neglect, or exploitation to
10-27 the department and shall follow the facility's internal policies
11-1 regarding abuse, neglect, or exploitation.
11-2 SECTION 14. Sections 247.044(a), (b), and (e), Health and
11-3 Safety Code, are amended to read as follows:
11-4 (a) The department may petition a district court for a
11-5 temporary restraining order to restrain a continuing violation of
11-6 the standards or licensing requirements provided under this chapter
11-7 if the department finds that:
11-8 (1) the violation creates an immediate threat to the
11-9 health and safety of the assisted living [personal care] facility
11-10 residents; or
11-11 (2) the facility is operating without a license.
11-12 (b) A district court, on petition of the department and on a
11-13 finding by the court that a person is violating the standards or
11-14 licensing requirements provided under this chapter, may by
11-15 injunction:
11-16 (1) prohibit a person from continuing a violation of
11-17 the standards or licensing requirements provided under this
11-18 chapter;
11-19 (2) restrain the establishment or operation of an
11-20 assisted living [a personal care] facility without a license issued
11-21 under this chapter; or
11-22 (3) grant any other injunctive relief warranted by the
11-23 facts.
11-24 (e) Venue for a suit brought under this section is in the
11-25 county in which the assisted living [personal care] facility is
11-26 located or in Travis County.
11-27 SECTION 15. Section 247.045, Health and Safety Code, as
12-1 amended by Chapters 416 and 1088, Acts of the 75th Legislature,
12-2 Regular Session, 1997, is amended and reenacted to read as follows:
12-3 Sec. 247.045. CIVIL PENALTIES. (a) Except as provided by
12-4 Subsections [Subsection] (b) and (c), a person who violates this
12-5 chapter or who fails to comply with a rule adopted under this
12-6 chapter and whose violation is determined by the department to
12-7 threaten the health and safety of a resident of an assisted living
12-8 [a personal care] facility is subject to a civil penalty of not
12-9 less than $100 nor more than $10,000 for each act of violation.
12-10 Each day of a continuing violation constitutes a separate ground of
12-11 recovery.
12-12 (b) A person is subject to a civil penalty if the person:
12-13 (1) is in violation of Section 247.021; or
12-14 (2) has been determined to be in violation of Section
12-15 247.021 and violates any other provision of this chapter or fails
12-16 to comply with a rule adopted under this chapter.
12-17 [(b) A person who does not possess a license for a personal
12-18 care facility as required by Section 247.021 is subject to a civil
12-19 penalty of not less than $1,000 nor more than $10,000 for each act
12-20 of violation. Each day of a continuing violation constitutes a
12-21 separate ground for recovery.]
12-22 (c) The amount of a civil penalty under Subsection (b) may
12-23 not be less than $1,000 or more than $10,000 for each act of
12-24 violation. Each day of a continuing violation constitutes a
12-25 separate ground of recovery.
12-26 (d) [(c)] If the attorney general fails to take action
12-27 within 30 days of referral from the department, the department
13-1 shall refer the case to the local district attorney, county
13-2 attorney, or city attorney. The district attorney, county
13-3 attorney, or city attorney shall file suit in a district court to
13-4 collect and retain the penalty.
13-5 (e) [(d)] Investigation and attorney's fees may not be
13-6 assessed or collected by or on behalf of the department or other
13-7 state agency unless the department or other state agency assesses
13-8 and collects a penalty described under this chapter.
13-9 (f) [(e)] The department and attorney general, or other
13-10 legal representative as described in Subsection (d) [(c)], shall
13-11 work in close cooperation throughout any legal proceedings
13-12 requested by the department.
13-13 (g) [(f)] The commissioner of human services must approve
13-14 any settlement agreement to a suit brought under this chapter.
13-15 SECTION 16. Section 247.046, Health and Safety Code, as
13-16 added by Chapter 349, Acts of the 72nd Legislature, Regular
13-17 Session, 1991, is amended to read as follows:
13-18 Sec. 247.046. COOPERATION AMONG AGENCIES. The board, the
13-19 Department of Protective and Regulatory Services, and the attorney
13-20 general shall adopt by rule a memorandum of understanding that:
13-21 (1) defines each agency's responsibilities concerning
13-22 assisted living [personal care] facilities and coordinates each
13-23 agency's activities;
13-24 (2) details coordinated procedures to be used by each
13-25 agency in responding to complaints relating to neglect or abuse of
13-26 residents of facilities, to substandard facilities, and to
13-27 unlicensed facilities;
14-1 (3) identifies enforcement needs each agency may have
14-2 in order to perform its duties under the memorandum of
14-3 understanding, including any need for access to information or to
14-4 facilities under investigation or operating under a plan of
14-5 correction; and
14-6 (4) provides a plan for correcting violations in
14-7 substandard or unlicensed assisted living [personal care]
14-8 facilities that specifies the conditions under which it is
14-9 appropriate to impose such a plan and that outlines a schedule of
14-10 implementation for the plan.
14-11 SECTION 17. Sections 247.051(a), (b), and (d), Health and
14-12 Safety Code, are amended to read as follows:
14-13 (a) The Advisory Committee on Assisted Living [Personal
14-14 Care] Facilities consists of nine members appointed by the board.
14-15 The commissioner of human services shall appoint one staff member
14-16 from the department to serve as a nonvoting advisory member.
14-17 (b) The board shall appoint the advisory committee to
14-18 provide for a balanced representation of assisted living [personal
14-19 care] providers and consumers and shall appoint one member who has
14-20 expertise in life safety code regulations. At least one of the
14-21 provider members must be representative of a nonprofit facility,
14-22 and at least one member must be a family member of a resident of a
14-23 facility.
14-24 (d) The committee shall advise the department on standards
14-25 for licensing assisted living [personal care] facilities and on the
14-26 implementation of this chapter.
14-27 SECTION 18. Section 247.061, Health and Safety Code, is
15-1 amended to read as follows:
15-2 Sec. 247.061. PILOT PROGRAM: OFFICE OF ASSISTED LIVING
15-3 [PERSONAL CARE] FACILITY OMBUDSMAN. (a) The Texas Department on
15-4 Aging, under its office of long-term care ombudsman, shall
15-5 establish and operate a pilot program providing an assisted living
15-6 [a personal care] facility ombudsman in one or more counties.
15-7 (b) The department may operate the office directly or by
15-8 contract or memorandum of agreement with a public agency or other
15-9 appropriate private nonprofit organization, including an
15-10 organization for family members of persons with mental illness or
15-11 an advocacy group concerning mental health, disabilities, or senior
15-12 citizens.
15-13 (c) The pilot program shall recruit volunteers and citizen
15-14 organizations to participate in the ombudsman program.
15-15 (d) The office shall provide training to ombudsmen,
15-16 including training in mental illness and special needs of the
15-17 elderly or disabled.
15-18 (e) An ombudsman in the pilot program may not make
15-19 investigations.
15-20 (f) The Texas Department on Aging and the department shall
15-21 cooperate in developing guidelines for the pilot program.
15-22 SECTION 19. Section 247.062(a), Health and Safety Code, is
15-23 amended to read as follows:
15-24 (a) The department and the attorney general shall adopt by
15-25 rule a memorandum of understanding that:
15-26 (1) defines each agency's responsibilities concerning
15-27 assisted living [personal care] facilities;
16-1 (2) outlines and coordinates procedures to be used by
16-2 those agencies in responding to complaints concerning assisted
16-3 living [personal care] facilities; and
16-4 (3) provides a plan for correcting violations or
16-5 deficiencies in assisted living [personal care] facilities.
16-6 SECTION 20. Section 247.063, Health and Safety Code, is
16-7 amended to read as follows:
16-8 Sec. 247.063. DIRECTORY OF ASSISTED LIVING [PERSONAL CARE]
16-9 FACILITIES; CONSUMERS' GUIDE. (a) The department shall prepare a
16-10 directory of assisted living [personal care] facilities that
16-11 includes the name of the owner, the address and telephone number of
16-12 the facility, the number of beds in the facility, and the
16-13 facility's accessibility to disabled persons.
16-14 (b) The department shall revise the directory annually and
16-15 shall make it available to the public.
16-16 (c) The department shall prepare a consumers' guide to
16-17 assisted living [personal care] facilities and make it available to
16-18 the public. The consumers' guide shall provide information on
16-19 licensing requirements for assisted living [personal care]
16-20 facilities, a brief description of minimum standards for
16-21 facilities, a copy of the residents' bill of rights, a copy of the
16-22 providers' bill of rights, and any other information that the
16-23 department determines may be useful to the public.
16-24 SECTION 21. Section 247.064, Health and Safety Code, is
16-25 amended to read as follows:
16-26 Sec. 247.064. REFERRALS. (a) If the Texas Department of
16-27 Mental Health and Mental Retardation or a local mental health or
17-1 mental retardation authority refers a patient or client to an
17-2 assisted living [a personal care] facility, the referral may not be
17-3 made to an assisted living [a personal care] facility that is not
17-4 licensed under this chapter.
17-5 (b) If the Texas Department of Mental Health and Mental
17-6 Retardation or a local mental health or mental retardation
17-7 authority gains knowledge of an assisted living [a personal care]
17-8 facility that is not operated or licensed by the Texas Department
17-9 of Mental Health and Mental Retardation, the authority, or the
17-10 Texas Department of Human Services and that has four or more
17-11 residents who are unrelated to the proprietor of the facility, the
17-12 Texas Department of Mental Health and Mental Retardation or the
17-13 authority shall report the name, address, and telephone number of
17-14 the facility to the Texas Department of Human Services.
17-15 SECTION 22. Sections 247.065 (a) and (b), Health and Safety
17-16 Code, are amended to read as follows:
17-17 (a) Each assisted living [personal care] facility shall post
17-18 a residents' bill of rights in a prominent place in the facility.
17-19 (b) The residents' bill of rights must provide that each
17-20 resident in the assisted living [personal care] facility has the
17-21 right to:
17-22 (1) manage the resident's financial affairs;
17-23 (2) determine the resident's dress, hair style, or
17-24 other personal effects according to individual preference, except
17-25 that the resident has the responsibility to maintain personal
17-26 hygiene;
17-27 (3) retain and use personal property in the resident's
18-1 immediate living quarters and to have an individual locked cabinet
18-2 in which to keep personal property;
18-3 (4) receive and send unopened mail;
18-4 (5) unaccompanied access to a telephone at a
18-5 reasonable hour or in case of an emergency or personal crisis;
18-6 (6) privacy;
18-7 (7) unrestricted communication, including personal
18-8 visitation with any person of the resident's choice, at any
18-9 reasonable hour, including family members and representatives of
18-10 advocacy groups and community service organizations;
18-11 (8) make contacts with the community and to achieve
18-12 the highest level of independence, autonomy, and interaction with
18-13 the community of which the resident is capable;
18-14 (9) present grievances on behalf of the resident or
18-15 others to the operator, state agencies, or other persons without
18-16 threat of reprisal in any manner;
18-17 (10) a safe and decent living environment and
18-18 considerate and respectful care that recognizes the dignity and
18-19 individuality of the resident;
18-20 (11) refuse to perform services for the facility,
18-21 except as contracted for by the resident and operator;
18-22 (12) practice the religion of the resident's choice;
18-23 (13) leave the facility temporarily or permanently,
18-24 subject to contractual or financial obligations; and
18-25 (14) not be deprived of any constitutional, civil, or
18-26 legal right solely by reason of residence in an assisted living [a
18-27 personal care] facility.
19-1 SECTION 23. Section 247.066, Health and Safety Code, is
19-2 amended to read as follows:
19-3 Sec. 247.066. PROVIDERS' BILL OF RIGHTS. (a) Each assisted
19-4 living [personal care] facility shall post a providers' bill of
19-5 rights in a prominent place in the facility.
19-6 (b) The providers' bill of rights must provide that a
19-7 provider of assisted living [personal care] services has the right
19-8 to:
19-9 (1) be shown consideration and respect that recognizes
19-10 the dignity and individuality of the provider and assisted living
19-11 [personal care] facility;
19-12 (2) terminate a resident's contract for just cause
19-13 after a written 30-day notice;
19-14 (3) terminate a contract immediately, after notice to
19-15 the department, if the provider finds that a resident creates a
19-16 serious or immediate threat to the health, safety, or welfare of
19-17 other residents of the assisted living [personal care] facility;
19-18 (4) present grievances, file complaints, or provide
19-19 information to state agencies or other persons without threat of
19-20 reprisal or retaliation;
19-21 (5) refuse to perform services for the resident or the
19-22 resident's family other than those contracted for by the resident
19-23 and the provider;
19-24 (6) contract with the community to achieve the highest
19-25 level of independence, autonomy, interaction, and services to
19-26 residents;
19-27 (7) access to patient information concerning a client
20-1 referred to the facility, which must remain confidential as
20-2 provided by law;
20-3 (8) refuse a person referred to the facility if the
20-4 referral is inappropriate;
20-5 (9) maintain an environment free of weapons and drugs;
20-6 and
20-7 (10) be made aware of a resident's problems, including
20-8 self-abuse, violent behavior, alcoholism, or drug abuse.
20-9 SECTION 24. Section 247.046, Health and Safety Code, as
20-10 amended by Chapter 14 and renumbered by Chapter 637, Acts of the
20-11 72nd Legislature, Regular Session, 1991, is repealed.
20-12 SECTION 25. The change made by this Act in the name of an
20-13 establishment licensed under Chapter 247, Health and Safety Code,
20-14 does not affect the validity of a license issued or an act
20-15 performed under that chapter before the effective date of this Act.
20-16 SECTION 26. The change in name made by this Act to the
20-17 Advisory Committee on Personal Care Facilities does not affect the
20-18 ability of a member serving on the committee before the effective
20-19 date of this Act to continue to serve on the committee.
20-20 SECTION 27. A reference in law to a personal care facility
20-21 means an assisted living facility, as defined by Section 247.002,
20-22 Health and Safety Code, as amended by this Act.
20-23 SECTION 28. This Act takes effect September 1, 1999.
20-24 SECTION 29. The importance of this legislation and the
20-25 crowded condition of the calendars in both houses create an
20-26 emergency and an imperative public necessity that the
20-27 constitutional rule requiring bills to be read on three several
21-1 days in each house be suspended, and this rule is hereby suspended.