82R8010 ALB-F
  By: Truitt H.B. No. 2109
  relating to authorizing certain actions against an assisted living
  facility for the inappropriate placement of a resident and
  prohibiting retaliation against a facility.
         SECTION 1.  Section 247.066, Health and Safety Code, is
  amended by amending Subsection (d) and adding Subsections (d-1) and
  (f) to read as follows:
         (d)  If a department inspector determines that a resident is
  inappropriately placed at a facility and the facility either agrees
  with the determination or does not obtain the written statements
  prescribed by Subsection (c) that would allow the resident to
  remain in the facility notwithstanding the determination of the
  inspector, the department may not assess an administrative penalty
  against the facility because of the inappropriate placement, except
  as provided by Subsection (d-1). However, the facility shall
  discharge the resident. The resident is allowed 30 days after the
  date of discharge to move from the facility. A discharge required
  under this subsection must be made notwithstanding:
               (1)  any other law, including any law relating to the
  rights of residents and any obligations imposed under the Property
  Code; and
               (2)  the terms of any contract.
         (d-1)  The department may assess an administrative penalty
  against a facility under this section only if the facility
  intentionally or repeatedly disregarded the department's
  guidelines for appropriate placement.
         (f)  The process described by this section is the
  department's sole remedy for requiring the discharge of a resident
  from an assisted living facility if a department inspector
  determines that a resident is inappropriately placed at a facility.
         SECTION 2.  Section 247.068, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A department employee may not retaliate against an
  assisted living facility, an employee of an assisted living
  facility, or a person in control of an assisted living facility for:
               (1)  complaining about the conduct of a department
               (2)  disagreeing with a department employee about the
  existence of a violation of this chapter or a rule adopted under
  this chapter; or
               (3)  asserting a right under state or federal law.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.