C.S.H.B. 2266 78(R)    BILL ANALYSIS


C.S.H.B. 2266
By: Raymond
Human Services
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently under state law, there is no provision allowing for the audio or
video monitoring of a resident's room in an assisted living facility.  The
Legislature adopted Senate Bill 177 last session that provides for
electronic monitoring in nursing facilities.  Residents of assisted living
facilities usually need a lower level of care than nursing home patients.
Occasionally, families of residents of assisted living facilities may feel
more secure about their loved one if they could install an electronic
monitoring device.  CSHB 2266 would allow family members to place audio or
video monitoring devices in the rooms of residents who live in assisted
living facilities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

CSHB 2266 amends the Health and Safety Code by providing that an assisted
living facility allow legal representatives of residents of assisted
living centers to place audio or video monitoring equipment in the
residents' rooms.  The bill provides that Subchapter R of Chapter 242,
relating to the placement of electronic devices in the rooms of nursing
homes applies to assisted living centers except any administrative or
criminal penalties would be assessed under Chapter 247 (the assisted
living centers section) instead of  Chapter 242 (the nursing home
section). 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2266 varies from the original bill by eliminating the limit on
placement of monitoring equipment to only patients with Alzheimer's
disease or related disorders and specifically incorporates by reference
provisions of Subchapter R, Chapter 242 of the Health and Safety Code,
except the administrative and criminal penalty provisions. CSHB 2266
provides that the penalty provisions of Chapter 247, the assisted living
center chapter, apply.