1-1 By: Moncrief S.B. No. 691 1-2 (In the Senate - Filed February 13, 2001; February 15, 2001, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; March 12, 2001, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; March 12, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of an assisted living facility trust fund. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter D, Chapter 242, Health and Safety 1-11 Code, is amended by adding Sections 242.0965 and 242.0975 to read 1-12 as follows: 1-13 Sec. 242.0965. ASSISTED LIVING FACILITY TRUST FUND AND 1-14 EMERGENCY ASSISTANCE FUNDS. (a) The assisted living facility 1-15 trust fund is a trust fund with the comptroller and shall be made 1-16 available to the department for expenditures without legislative 1-17 appropriation to make emergency assistance funds available to an 1-18 assisted living facility. 1-19 (b) A trustee of an assisted living facility may use the 1-20 emergency assistance funds only to alleviate an immediate threat to 1-21 the health or safety of the residents. The use may include 1-22 payments for: 1-23 (1) food; 1-24 (2) medication; 1-25 (3) sanitation services; 1-26 (4) minor repairs; 1-27 (5) supplies necessary for personal hygiene; or 1-28 (6) services necessary for the personal care, health, 1-29 and safety of the residents. 1-30 (c) A court may order the department to disburse emergency 1-31 assistance funds to an assisted living facility if the court finds 1-32 that: 1-33 (1) the assisted living facility has inadequate funds 1-34 accessible to the trustee for the operation of the assisted living 1-35 facility; 1-36 (2) an emergency exists that presents an immediate 1-37 threat to the health and safety of the residents; and 1-38 (3) it is in the best interests of the health and 1-39 safety of the residents that funds are immediately available. 1-40 (d) The department shall disburse money from the assisted 1-41 living facility trust fund as ordered by the court in accordance 1-42 with board rules. 1-43 (e) Any unencumbered amount in the assisted living facility 1-44 trust fund in excess of $500,000 at the end of each fiscal year 1-45 shall be transferred to the credit of the general revenue fund and 1-46 may be appropriated only to the department for its use in 1-47 administering and enforcing Chapter 247. 1-48 Sec. 242.0975. ADDITIONAL LICENSE FEE--ASSISTED LIVING 1-49 FACILITIES. (a) In addition to the license fee provided by 1-50 Section 247.024, the department shall adopt an annual fee to be 1-51 charged and collected if the amount of the assisted living facility 1-52 trust fund is less than $500,000. The fee shall be deposited to 1-53 the credit of the assisted living facility trust fund created by 1-54 this subchapter. 1-55 (b) The department may charge and collect a fee under this 1-56 section more than once each year only if necessary to ensure that 1-57 the amount in the assisted living facility trust fund is sufficient 1-58 to make the disbursements required under Section 242.0965. If the 1-59 department makes a second or subsequent assessment under this 1-60 subsection in any year, the department shall notify the governor 1-61 and the Legislative Budget Board. 1-62 (c) The department shall set the fee on the basis of the 1-63 number of beds in assisted living facilities required to pay the 1-64 fee and in an amount necessary to provide not more than $500,000 in 2-1 the fund. 2-2 SECTION 2. The section heading of Section 242.097, Health 2-3 and Safety Code, is amended to read as follows: 2-4 Sec. 242.097. ADDITIONAL LICENSE FEE--NURSING AND 2-5 CONVALESCENT HOMES. 2-6 SECTION 3. This Act takes effect immediately if it receives 2-7 a vote of two-thirds of all the members elected to each house, as 2-8 provided by Section 39, Article III, Texas Constitution. If this 2-9 Act does not receive the vote necessary for immediate effect, this 2-10 Act takes effect September 1, 2001. 2-11 * * * * *