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AN ACT
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relating to requirements for assisted living facility license |
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applicants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.022, Health and Safety Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) An assisted living facility license applicant in good |
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standing may request an initial license that does not require an |
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on-site health inspection. The department may not require the |
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applicant to admit a resident to the facility before the department |
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issues the license. The department shall require the license |
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applicant to submit for approval policies and procedures, |
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verification of employee background checks, and employee |
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credentials. |
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(e) The department shall conduct a survey of a facility |
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issued an initial license under Subsection (d) not later than the |
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90th day after the date on which the department issues the license |
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to the facility. Until the department conducts the survey, the |
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facility shall disclose to all residents and prospective residents |
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that the department has not yet conducted the survey required by |
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this subsection. |
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(f) For purposes of this section, a license applicant is in |
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"good standing" if: |
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(1) the license applicant, or the controlling person |
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of the license applicant if the license applicant is a newly formed |
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business entity, has operated or been the controlling person of an |
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assisted living facility in this state for six consecutive years; |
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and |
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(2) each assisted living facility operated by the |
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license applicant, or operated or controlled by a controlling |
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person of the license applicant if the license applicant is a newly |
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formed business entity: |
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(A) has not had a violation that resulted in |
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actual harm to a resident or that posed an immediate threat of harm |
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causing, or likely to cause, serious injury, impairment, or death |
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of a resident; and |
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(B) in the six years preceding the date on which |
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the license applicant submits the application, has not had a |
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sanction imposed by the department against the facility, including: |
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(i) the imposition of a civil or |
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administrative penalty or an injunction; |
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(ii) the denial, suspension, or revocation |
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of a license; or |
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(iii) an emergency closure. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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the change in law made by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1769 was passed by the House on April |
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17, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1769 was passed by the Senate on May |
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12, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |