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A BILL TO BE ENTITLED
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AN ACT
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relating to life safety code inspections of assisted living |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.021, Tex. Health and Safety Code, is |
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amended to read as follows: |
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Sec. 247.021. LICENSE REQUIRED. (a) A person may not |
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establish or operate an assisted living facility without a license |
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issued under this chapter. |
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(b) A person establishing or operating a facility that is |
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not required to be licensed under this chapter may not use the term |
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"assisted living" in referring to the facility or the services |
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provided at the facility. |
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(c) A person establishing or operating a facility that is |
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not required to be licensed but who elects to obtain a license under |
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this chapter may use the term "assisted living" in referring to the |
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facility or the services provided at the facility. |
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(d) The department by rule shall establish procedures to |
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issue a six-month provisional license to existing facilities with |
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residents. The department may issue a provisional license [only] |
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if: |
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(1) the facility is in compliance with resident care |
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standards; |
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(2) the facility voluntarily discloses that the |
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facility needs additional time to comply with life safety code and |
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physical plant standards; |
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(3) the disclosure is made in writing by certified |
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mail to the department; |
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(4) an investigation of the violation was not |
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initiated and the violation was not independently detected by the |
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department; and |
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(5) the disclosure is made promptly after knowledge of |
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the information disclosed is obtained by the facility. |
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(e) If, at the end of the six-month provisional license |
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period, the facility does not meet life safety code and physical |
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plant standards, the department may not issue a license to the |
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facility. |
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[(f)
No provisional licenses shall be issued after December
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31, 1999.] |
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(f) [g] [Notwithstanding Subsection (f), the] The |
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department [may] must automatically issue a provisional license to |
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a newly constructed facility if: |
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(1) the facility is in compliance with resident care |
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standards; |
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(2) all local approvals have been obtained; |
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(3) a complete license application is submitted within |
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30 days of receipt of all local approvals; and |
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(4) the license fee has been paid. |
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(g) [h] [Notwithstanding Subsection (f), t] The |
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department may automatically issue a provisional license in the |
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case of a corporate change of ownership of a facility. |
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SECTION 2. Tex. Health and Safety Code Chapter 247 is |
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amended by adding Sec. 247.0211 to read as follows: |
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Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTIONS. On |
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or before January 1, 2010, the department shall implement a process |
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whereby an applicant for an initial assisted living facility |
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license or for the renewal of an assisted living facility license |
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may obtain a life safety code and physical plant survey within five |
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(5) business days of its request for the survey provided that the |
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applicant pays for the cost of an expedited survey. The department |
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may accept payment for such surveys. |
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SECTION 3. Sec. 247.005(a), Tex. Health and Safety Code, is |
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amended to read as follows: |
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Sec. 247.032. ACCREDITATION SURVEY TO SATISFY INSPECTION |
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REQUIREMENTS. (a) In this section, "accreditation commission" |
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means the Commission on Accreditation of Rehabilitation |
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Facilities, [or] the Joint Commission on Accreditation of |
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Healthcare Organizations, or other organizations approved by the |
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commissioner. |
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SECTION 4. This act takes effect September 1, 2009. |