82R8010 ALB-F

By: Truitt H.B. No. 2109

A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain actions against an assisted living facility for the inappropriate placement of a resident and prohibiting retaliation against a facility.

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

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 employee;

(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.