Senate Research Center                                                                                                     H.B. 1558

                                                                                                                      By: Davis, John (Janek)

                                                                                                                  Health & Human Services







There are two national accreditation organizations, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and the Commission on Accreditation of Rehabilitation Facilities (CARF), that have joined with states to develop regulations and public-private partnerships that encompass and promote the private accreditation standards and practices of human service providers such as hospitals, nursing homes, and assisted living facilities.   


Currently, JCAHO has entered into private accreditation partnerships with the Health and Human Services Commission regarding hospitals and nursing homes, but has not given assisted living facilities private accreditation partnership statusH.B. 1558 allows assisted living facilities to benefit from the same private accreditation practices on a voluntary basis.    




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




[While the statutory reference in this bill is to the Department of Human Services, the following amendments affect the Department of Aging and Disability Services, as the successor agency to the Department of Human Services.]


SECTION 1.  Amends Subchapter B, Chapter 247, Health and Safety Code, by adding Section 247.032, as follows:


            Sec. 247.032.  ACCREDITATION SURVEY TO SATISFY INSPECTION REQUIREMENTS.  (a) Defines "accreditation commission."


                        (b) Requires the Department of Human Services (department) to accept an accreditation survey from an accreditation commission for an assisted living facility instead of an inspection under Section 247.023 (Issuance and Renewal of License) or an annual inspection or survey conducted under the authority of Section 247.027 (Inspections), but only if certain requirements are met. 


                        (c) Requires the department to coordinate its licensing and certification activities with each of the accreditation commissions. 


                        (d) Provides that this section, except as specifically provided, does not limit the department in performing any power or duty under this chapter or inspection authorized by Section 247.027, including taking appropriate action relating to an assisted living facility, such as suspending or revoking a license, investigating an allegation of abuse, exploitation, or neglect or another complaint, assessing an administrative penalty, or closing the facility.


                        (e) Provides that this section does not require an assisted living facility to obtain accreditation from an accreditation commission. 


SECTION 2.  Effective date: January 1, 2006.