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79R8851 MSE-D

By:  Janek                                                        S.B. No. 1055



A BILL TO BE ENTITLED

AN ACT

relating to an alternative method of satisfying certain licensing 
and program participation 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 OR 
CERTIFICATION 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, instead of an 
annual inspection or survey conducted under the authority of 
Section 247.027, and in satisfaction of the requirements for 
certification by the department for participation in the medical 
assistance program under Chapter 32, Human Resources Code, and the 
federal Medicare program, 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 in accordance with the 
commission'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 or for 
certification, as applicable;  and
		(5)  the department has:                                               
			(A)  determined whether a waiver or authorization 
from a federal agency is necessary under federal law, including for 
federal funding purposes, before the department accepts an 
accreditation survey from the accreditation commission:
				(i)  instead of an inspection for license 
renewal purposes;        
				(ii)  as satisfying the requirements for 
certification by the department for participation in the medical 
assistance program; or
				(iii)  as satisfying the requirements for 
certification by the department for participation in the federal 
Medicare program; and
			(B)  obtained any necessary federal waivers or 
authorizations.      
	(c)  The department shall coordinate its licensing and 
certification 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 
or under any contract relating to the medical assistance program 
under Chapter 32, Human Resources Code, and Titles XVIII and XIX of 
the Social Security Act (42 U.S.C. Sections 1395 et seq. and 1396 et 
seq.), including authority to take 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.  (a) Not later than October 1, 2005, the 
Department of Aging and Disability Services shall:
		(1)  determine whether a waiver or authorization from a 
federal agency is necessary under federal law, including for 
federal funding purposes, before the department may accept an 
accreditation survey from the Commission on Accreditation of 
Rehabilitation Facilities or the Joint Commission on Accreditation 
of Healthcare Organizations for an assisted living facility:
			(A)  instead of an inspection for purposes of 
renewing an assisted living facility license under Chapter 247, 
Health and Safety Code;
			(B)  as satisfying the requirements for 
certification by the department for participation in the medical 
assistance program under Chapter 32, Human Resources Code; and
			(C)  as satisfying the requirements for 
certification by the department for participation in the federal 
Medicare program; and
		(2)  if the department determines that a waiver or 
authorization is necessary, request any required waivers or 
authorizations that the department may possibly obtain under 
federal law.
	(b)  Not later than December 1, 2005, the Department of Aging 
and Disability Services shall report its progress under Subsection 
(a) of this section to the governor and to the presiding officer of 
each house of the legislature.
	SECTION 3.  This Act takes effect September 1, 2005.