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S.B. No. 1055
AN ACT
relating to alternative methods of satisfying certain licensing
requirements for assisted living facilities and to consumer choice
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. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.069 to read as follows:
Sec. 247.069. CONSUMER CHOICE FOR ASSISTED LIVING IN
COMMUNITY CARE PROGRAMS. The community based alternatives program
and the residential care programs, which provide an assisted living
option to consumers, shall provide a consumer the opportunity to
choose an assisted living facility that meets the department's
licensing standards relating to facility construction without
regard to the number of units in the facility, if:
(1) consumers are advised of all other community care
options; and
(2) the facility:
(A) has never been licensed by the department as
anything other than an assisted living facility;
(B) is not physically connected to a skilled
nursing facility;
(C) was constructed before September 1, 2005; and
(D) otherwise meets all other community care
program standards.
SECTION 3. (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 one or
more residents receive personal care services through one or more
home and community support services agencies. The purpose of the
study is to perform a comprehensive review of the changing
environment in the personal care services delivery system to
determine if changes in state licensing and regulation are
warranted, and if so, what changes should be considered. The
workgroup shall consider, among other things:
(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) This section expires February 1, 2007.
SECTION 4. 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.
SECTION 5. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1055 passed the Senate on
April 26, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1055 passed the House, with
amendments, on May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor