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Amend SB 1055 (House Committee printing) as follows:
(1) Insert the following appropriately numbered SECTIONS and renumber the subsequent SECTIONS accordingly:
SECTION ___. (a) The Health and Human Services Commission
shall convene a workgroup composed of providers, consumer
advocates, building inspectors, fire marshals, and other
individuals as appropriate to study state laws relating to the
delivery of personal care services to four or more persons who are
unrelated to the proprietor in settings that are not licensed as
assisted living facilities, but are instead settings where
residents receive personal care services through one or more home
and community support services agencies. The workgroup shall
consider:
(1) state licensing laws;
(2) the nature, extent, and differences of consumer
needs and preferences;
(3) the qualifications of persons authorized to
provide personal care services; and
(4) the settings in which personal care services are
provided, including the life safety codes applicable to those
settings.
(b) Not later than December 1, 2006, the workgroup, with the
assistance of the Health and Human Services Commission, shall
prepare and deliver a report and make recommendations on the issues
studied to the governor, the lieutenant governor, and the speaker
of the house of representatives.
(c) Notwithstanding any other law, the Department of Aging
and Disability Services and the attorney general may not initiate
or continue any action or investigation that seeks to enjoin or
otherwise impose any sanction against a person for operating an
assisted living facility without a license if the person offers
personal care services to four or more persons who are unrelated to
the proprietor in a setting that is not licensed as an assisted
living facility, but is instead a setting where residents receive
personal care services through one or more home and community
support services agencies.
(d) This section expires September 1, 2007.
SECTION ___. Not later than June 1, 2007, the Department of
Aging and Disability Services shall accept an accreditation survey
and implement the procedures required by Section 247.032, Health
and Safety Code, as added by this Act.
(2) Strike SECTION 2 of the bill and substitute the
following:
SECTION ___. This Act takes effect September 1, 2005.