SRC-VRA H.B. 3200 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3200
By: Hegar (Armbrister)
Health & Human Services
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Board of Human Services board) has the authority to
prescribe different levels of minimum standards for assisted living
facilities according to the number of residents, the type of residents,
the level of personal care provided, the nutritional needs of residents,
and other distinctions the board considers relevant.  However, as the
great majority of residents of assisted living facilities are elderly, the
board's standards are geared toward the needs of a geriatric population.
In some respects, these standards are inappropriate for assisted living
facilities serving specialized,  non-elderly populations, such as the
developmentally disabled.  Because assisted living facilities serving
non-elderly populations are so few in number, it may not be feasible for
the board to issue standards tailored for the various types of specialized
populations.  H.B. 3200 permits the board to approve alternate methods of
compliance with licensure standards proposed by assisted living facilities
serving non-elderly populations.  Similar authority is given to the Texas
Department of Health in the hospital licensing law to grant waivers or
modifications of hospital licensing standards in appropriate
circumstances. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 247.026(d), Health and Safety Code, to require
the Texas Board of Human Services (board), if the board does not prescribe
minimum standards for facilities serving nongeriatric residents, to
develop procedures for consideration and approval of alternate methods of
compliance by such facilities with the board's standards.    

SECTION 2.  Effective date:  September 1, 2003.