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A BILL TO BE ENTITLED
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AN ACT
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relating to a personal identification device provided to residents |
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of certain institutions and assisted living facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.405 to read as follows: |
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Sec. 242.405. PERSONAL IDENTIFICATION FOR RESIDENTS. (a) |
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The department, with the assistance of physicians or other health |
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care providers experienced with the use of personal identification |
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devices, by rule shall specify a distinctive standard design for a |
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necklace and a bracelet personal identification device to be |
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provided to each resident. The department shall also specify by |
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rule: |
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(1) the type of information to be contained on the |
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device so that each resident may be easily identified; and |
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(2) the format and font style of the information. |
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(b) Not later than the 15th day after the date a resident has |
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entered an institution on a full-time basis, the institution shall |
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provide to the resident a personal identification device |
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personalized for the resident. |
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(c) The department shall ensure that rules adopted under |
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this section comply with the privacy rule of the Administrative |
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Simplification subtitle of the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 |
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C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E. |
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SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.070 to read as follows: |
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Sec. 247.070. PERSONAL IDENTIFICATION FOR RESIDENTS. (a) |
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The department, with the assistance of physicians or other health |
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care providers experienced with the use of personal identification |
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devices, by rule shall specify a distinctive standard design for a |
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necklace and a bracelet personal identification device to be |
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provided to each resident of an assisted living facility. The |
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department shall also specify: |
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(1) the type of information to be contained on the |
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device so that each resident of an assisted living facility may be |
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|
easily identified; and |
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|
(2) the format and font style of the information. |
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(b) Not later than the 15th day after the date a resident has |
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entered an assisted living facility on a full-time basis, the |
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assisted living facility shall provide to the resident a personal |
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identification device personalized for the resident. |
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(c) The department shall ensure that rules adopted under |
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this section comply with the privacy rule of the Administrative |
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|
Simplification subtitle of the Health Insurance Portability and |
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|
Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 |
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|
C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E. |
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SECTION 3. (a) Not later than December 1, 2007, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement the changes in law made |
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by this Act to Chapters 242 and 247, Health and Safety Code. |
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(b) An institution as defined by Section 242.002, Health and |
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Safety Code, and an assisted living facility as defined by Section |
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247.002, Health and Safety Code, must provide a personalized |
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personal identification device developed in accordance with |
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Sections 242.405 and 247.070, Health and Safety Code, as added by |
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this Act, to each resident not later than March 1, 2008. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |