C.S.H.B. 2420 78(R)    BILL ANALYSIS


C.S.H.B. 2420
By: Chavez
Human Services
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Department of Human Services regulates home and community support
services agencies and home health medication aides in addition to
long-term care services in the State of Texas, including nursing and
personal care facilities.  Currently, assisted living facilities are not
required to register with the Department of Human Services. CSHB 2420
requires certain assisted living facilities to be classified and
registered.  

RULEMAKING AUTHORITY

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

ANALYSIS

CSHB 2420 requires the Texas Board of Human Services to establish a
classification and registration for a  facility as of March 1, 2004, and
defined: 
_as one that furnishes food and shelter to three or fewer persons who are
unrelated to the proprietor of the facility; and  
_a facility that provides personal care services.

CSHB 2420 provides that a person that fails to register with the Texas
Department of Human Services (department) may not operate an assisted
living facility. The bill sets forth the steps to register with the
department by filling out an application form prescribed by the board and
a registration fee of fifty dollars. The bill provides the amount of time
that a registration is valid. 

CSHB 2420 requires a registered facility under this section to grant
reasonable access to the department and its designees to enable the
department to ensure the residents of the facility have access to
community services and benefit programs. The bill authorizes the
department by rule to establish a protocol for inquiries and visits to a
facility and reporting instances of abuse, neglect, or exploitation
observed or reported during the visits. The bill authorizes the department
to deny, suspend, or revoke a registration for a violation of this chapter
or rule adopted by this chapter. 

CSHB 2420 establishes that a person who violates this section is subject
to the penalties provided in  Subchapter C. 

CSHB 2420 requires the Texas Board of Human Services not later than
January 1, 2004, to adopt rules necessary to implement this section and
provides that a facility is not required to register with the department
before March 1, 2004. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2420 varies from the original bill by requiring a facility registered
under this section to grant reasonable access to the department and its
designees to ensure the residents of such facilities have access to
community services and benefit programs. CSHB 2420 requires the department
to establish  by rule the protocol for inquiries and visits to such
facilities, and for reporting instances of abuse, neglect, or exploitation
observed or reported during such visits.