H.B. 3200 78(R)    BILL ANALYSIS


H.B. 3200
By: Hegar
Human Services
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Human Services (department) 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 department'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 department to issue standards tailored for the
various types of specialized populations.  House Bill 3200 would permit
the department 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 delegate any additional rulemaking authority
to a state officer, department, agency, or institution. 

ANALYSIS

House Bill 3200 amends the Health & Safety Code by adding a sentence  that
directs the Department of Human Services (department) to develop
procedures for consideration and approval of alternate methods of
compliance with the agency's standards by assisted living facilities
serving non-geriatric populations, if the department has not prescribed
minimum standards for such facilities. 

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all members elected to each house, as provided by Section 39, Article III,
Texas Constitution.  If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.