BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1650

80R8441 UM-D                                                                                                                    By: Ellis

Health & Human Services

5/1/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Persons who provide personal assistance services enable older adults and individuals with disabilities to remain in their homes rather than institutions, resulting in better quality of life and lower costs.  Current statute does not require persons who provide these services to obtain any training, though federal regulations require certified nursing assistants who provide similar services in a  nursing facility to be trained within 120 days of hire.  Consumers of in-home attendant services have reported numerous stories of lack of dependability and lack of preparation, especially in dealing with the needs of individuals with dementia and/or severe physical disabilities.  Turnover in this field is very high, also.  Hands-on training directly relating to personal assistance duties improves both the quality of care given and the retention of a competent workforce.

As proposed, S.B. 1650 requires persons who provide personal assistant services to receive 16 hours of training in relevant areas, including proper lifting techniques, cultural sensitivity, and dementia and Alzheimer's issues, within 120 days of hire.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 (Section 142.0021, Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 142, Health and Safety Code, by adding Section 142.0021, as follows:

Sec. 142.0021.  PERSONAL ASSISTANCE SERVICES MINIMUM TRAINING STANDARDS.  (a)  Requires the executive commissioner of the Health and Human Services Commission to adopt rules prescribing minimum training standards for an employee of a person licensed to provide personal assistance services under this chapter.

(b)  Requires the minimum training standards to require that, not later than the 120th day after the date an employee is initially hired to provide personal assistance services, the employee complete at least 16 hours of training.

(c)  Requires the minimum training standards to require training in at least certain areas.

(d)  Requires the Department of Aging and Disability Services to ensure that a person licensed to provide personal assistance services under this chapter provides training to the person's employees that complies with the requirements of this section.

SECTION 2.  Makes application of Section 142.0021(b), Health and Safety Code, as added by this Act, prospective.

SECTION 3.  Effective date: September 1, 2007.