81R14298 T

By: Coleman H.B. No. 2971

A BILL TO BE ENTITLED

AN ACT

relating to life safety code inspections of assisted living facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 247.021, Tex. Health and Safety Code, is amended to read as follows:

Sec. 247.021. LICENSE REQUIRED. (a) A person may not establish or operate an assisted living facility without a license issued under this chapter.

(b) A person establishing or operating a facility that is not required to be licensed under this chapter may not use the term "assisted living" in referring to the facility or the services provided at the facility.

(c) A person establishing or operating a facility that is not required to be licensed but who elects to obtain a license under this chapter may use the term "assisted living" in referring to the facility or the services provided at the facility.

(d) The department by rule shall establish procedures to issue a six-month provisional license to existing facilities with residents. The department may issue a provisional license [only] if:

(1) the facility is in compliance with resident care standards;

(2) the facility voluntarily discloses that the facility needs additional time to comply with life safety code and physical plant standards;

(3) the disclosure is made in writing by certified mail to the department;

(4) an investigation of the violation was not initiated and the violation was not independently detected by the department; and

(5) the disclosure is made promptly after knowledge of the information disclosed is obtained by the facility.

(e) If, at the end of the six-month provisional license period, the facility does not meet life safety code and physical plant standards, the department may not issue a license to the facility.

[(f) No provisional licenses shall be issued after December 31, 1999.]

(f) [g] [Notwithstanding Subsection (f), the] The department [may] must automatically issue a provisional license to a newly constructed facility if:

(1) the facility is in compliance with resident care standards;

(2) all local approvals have been obtained;

(3) a complete license application is submitted within 30 days of receipt of all local approvals; and

(4) the license fee has been paid.

(g) [h] [Notwithstanding Subsection (f), t] The department may automatically issue a provisional license in the case of a corporate change of ownership of a facility.

SECTION 2. Tex. Health and Safety Code Chapter 247 is amended by adding Sec. 247.0211 to read as follows:

Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTIONS. On or before January 1, 2010, the department shall implement a process whereby an applicant for an initial assisted living facility license or for the renewal of an assisted living facility license may obtain a life safety code and physical plant survey within five (5) business days of its request for the survey provided that the applicant pays for the cost of an expedited survey. The department may accept payment for such surveys.

SECTION 3. Sec. 247.005(a), Tex. Health and Safety Code, is amended to read as follows:

Sec. 247.032. ACCREDITATION SURVEY TO SATISFY INSPECTION REQUIREMENTS. (a) In this section, "accreditation commission" means the Commission on Accreditation of Rehabilitation Facilities, [or] the Joint Commission on Accreditation of Healthcare Organizations, or other organizations approved by the commissioner.

SECTION 4. This act takes effect September 1, 2009.