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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of nursing home family councils. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 242.044, Health and |
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Safety Code, is amended to read as follows: |
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(b) For at least two unannounced inspections each licensing |
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period of an institution other than one that provides maternity |
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care, the department shall invite at least one person as a citizen |
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advocate from: |
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(1) the American Association of Retired Persons; |
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(2) the Texas Senior Citizen Association; |
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(3) the Texas Retired Federal Employees; |
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(4) the department's [Texas Department on Aging] |
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Certified Long Term Care Ombudsman; [or] |
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(5) the facility's family council; or |
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(6) another statewide organization for the elderly. |
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SECTION 2. Section 242.0445, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Not later than the fifth working day after the date |
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the facility receives the final statement of violations under this |
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section, the facility shall provide a copy of the statement to a |
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representative of the facility's family council. |
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SECTION 3. Chapter 242, Health and Safety Code, is amended |
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by adding Subchapter S to read as follows: |
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SUBCHAPTER S. FAMILY COUNCIL |
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Sec. 242.901. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Aging and |
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Disability Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Family council" means a group of family members, |
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friends, or representatives of two or more residents, who organize |
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and meet privately. |
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Sec. 242.902. FAMILY COUNCIL. A family council may: |
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(1) make recommendations to the institution proposing |
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policy and operational decisions affecting resident care and |
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quality of life; and |
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(2) promote educational programs and projects that |
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will promote the health and happiness of residents. |
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Sec. 242.903. DUTIES OF INSTITUTION. (a) An institution |
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shall consider the views and act on the recommendations and |
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grievances of the family council. |
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(b) An institution may not: |
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(1) prohibit the formation of a family council; |
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(2) terminate an existing family council; |
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(3) deny a family council the opportunity to accept |
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help from an outside person; |
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(4) limit the rights of a resident, family member, or |
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family council member to meet with an outside person, including: |
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(A) an employee of the institution during |
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nonworking hours; and |
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(B) a member of a nonprofit or government |
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organization; |
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(5) prevent or interfere with the family council |
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receiving outside correspondence addressed to the council; |
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(6) open family council mail; or |
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(7) wilfully interfere with the formation, |
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maintenance, or operation of a family council, including |
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interfering by: |
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(A) discriminating or retaliating against a |
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family council participant; and |
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(B) wilfully scheduling events in conflict with |
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previously scheduled family council meetings if the institution has |
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other scheduling options. |
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(c) On admission of a resident, an institution shall inform |
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the resident's family members in writing of: |
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(1) the family members' right to form a family council; |
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or |
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(2) if a family council already exists, the council's: |
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(A) meeting time, date, and location; and |
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(B) contact person. |
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(d) An institution shall: |
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(1) include notice of a family council in a mailing |
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that occurs at least semiannually; |
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(2) permit a representative of a family council to |
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participate in an inspection or survey of the facility; |
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(3) provide a family council with adequate space on a |
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prominent bulletin board to post notices and other information; |
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(4) provide a designated staff person to act as |
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liaison for a family council; and |
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(5) respond in writing to a written request by a family |
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council within five working days. |
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Sec. 242.904. MEETINGS. (a) On written request, an |
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institution shall allow a family council to meet in a common meeting |
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room of the institution at least once a month during hours mutually |
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agreed upon by the family council and the institution. |
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(b) Institution employees or visitors may attend a family |
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council meeting only at the council's invitation. |
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Sec. 242.905. VISITING. A family council member may |
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authorize another member to visit and observe a resident |
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represented by the authorizing member. |
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Sec. 242.906. ADMINISTRATION; RULES. (a) The department |
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shall administer this subchapter. |
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(b) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 4. Not later than December 1, 2007, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Section 242.906, Health and Safety Code, |
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as added by this Act. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2007. |
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(b) Sections 1, 2, and 3 of this Act take effect September 1, |
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2008. |
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* * * * * |