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By:  Janek                                                        S.B. No. 1055


A BILL TO BE ENTITLED

AN ACT

relating to an alternative method of satisfying certain licensing 
requirements for assisted living facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 247, Health and Safety 
Code, is amended by adding Section 247.032 to read as follows:
	Sec. 247.032.  ACCREDITATION SURVEY TO SATISFY INSPECTION 
REQUIREMENTS.  (a)  In this section, "accreditation commission" 
means the Commission on Accreditation of Rehabilitation Facilities 
or the Joint Commission on Accreditation of Healthcare 
Organizations.
	(b)  The department shall accept an accreditation survey 
from an accreditation commission for an assisted living facility 
instead of an inspection under Section 247.023 or an annual 
inspection or survey conducted under the authority of Section 
247.027, but only if:
		(1)  the accreditation commission's standards meet or 
exceed the requirements for licensing of the executive commissioner 
of the Health and Human Services Commission for an assisted living 
facility;
		(2)  the accreditation commission maintains an 
inspection or survey program that, for each assisted living 
facility, meets the department's applicable minimum standards as 
confirmed by the executive commissioner of the Health and Human 
Services Commission;
		(3)  the accreditation commission conducts an on-site 
inspection or survey of the facility at least as often as required 
by Section 247.023 or 247.027 and in accordance with the 
department's minimum standards;
		(4)  the assisted living facility submits to the 
department a copy of its required accreditation reports to the 
accreditation commission in addition to the application, the fee, 
and any report required for renewal of a license;
		(5)  the inspection or survey results are available for 
public inspection to the same extent that the results of an 
investigation or survey conducted under Section 247.023 or 247.027 
are available for public inspection; and
		(6)  the department ensures that the accreditation 
commission has taken reasonable precautions to protect the 
confidentiality of personally identifiable information concerning 
the residents of the assisted living facility.
	(c)  The department shall coordinate its licensing 
activities with each of the accreditation commissions.
	(d)  Except as specifically provided by this section, this 
section 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)  This section does not require an assisted living 
facility to obtain accreditation from an accreditation commission.
	SECTION 2.  This Act takes effect January 1, 2006.