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A BILL TO BE ENTITLED
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AN ACT
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relating to adult day care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.951(a), Government Code, is amended |
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to read as follows: |
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(a) This subchapter applies only to the final licensing, |
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listing, or registration decisions of a health and human services |
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agency with respect to a person under the law authorizing the agency |
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to regulate the following types of persons: |
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(1) a youth camp licensed under Chapter 141, Health |
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and Safety Code; |
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(2) a home and community support services agency |
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licensed under Chapter 142, Health and Safety Code; |
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(3) a hospital licensed under Chapter 241, Health and |
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Safety Code; |
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(4) an institution licensed under Chapter 242, Health |
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and Safety Code; |
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(5) an assisted living facility licensed under Chapter |
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247, Health and Safety Code; |
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(6) a special care facility licensed under Chapter |
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248, Health and Safety Code; |
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(7) an intermediate care facility licensed under |
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Chapter 252, Health and Safety Code; |
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(8) a chemical dependency treatment facility licensed |
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under Chapter 464, Health and Safety Code; |
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(9) a mental hospital or mental health facility |
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licensed under Chapter 577, Health and Safety Code; |
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(10) a child-care facility or child-placing agency |
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licensed under or a family home listed or registered under Chapter |
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42, Human Resources Code; or |
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(11) a day activity and health services [an adult
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day-care] facility licensed under Chapter 103, Human Resources |
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Code. |
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SECTION 2. Section 164.003(5), Health and Safety Code, is |
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amended to read as follows: |
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(5) "Mental health facility" means: |
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(A) a "mental health facility" as defined by |
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Section 571.003; |
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(B) a residential treatment facility, other than |
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a mental health facility, in which persons are treated for |
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emotional problems or disorders in a 24-hour supervised living |
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environment; and |
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(C) a day activity and health services [an adult
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day-care facility or adult day health care] facility as defined by |
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Section 103.003, Human Resources Code. |
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SECTION 3. Section 250.001(3), Health and Safety Code, as |
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amended by Chapters 605 (S.B. 944) and 1168 (S.B. 492), Acts of the |
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83rd Legislature, Regular Session, 2013, is reenacted and amended |
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to read as follows: |
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(3) "Facility" means: |
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(A) a nursing home, custodial care home, or other |
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institution licensed by the Department of Aging and Disability |
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Services under Chapter 242; |
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(B) an assisted living facility licensed by the |
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Department of Aging and Disability Services under Chapter 247; |
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(C) a home and community support services agency |
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licensed under Chapter 142; |
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(D) a day activity and health services [an adult
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day care] facility licensed by the Department of Aging and |
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Disability Services under Chapter 103, Human Resources Code; |
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(E) a facility for persons with mental |
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retardation licensed under Chapter 252; |
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(F) an adult foster care provider that contracts |
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with the Department of Aging and Disability Services; |
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(G) a facility that provides mental health |
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services and that is operated by or contracts with the Department of |
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State Health Services; |
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(H) a local mental health or mental retardation |
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authority designated under Section 533.035; |
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(I) a person exempt from licensing under Section |
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142.003(a)(19); |
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(J) a special care facility licensed by the |
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Department of State Health Services under Chapter 248; [or] |
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(K) a mental health service unit of a hospital |
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licensed under Chapter 241; or |
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(L) [(K)] a prescribed pediatric extended care |
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center licensed by the Department of Aging and Disability Services |
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under Chapter 248A. |
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SECTION 4. The heading to Chapter 103, Human Resources |
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Code, is amended to read as follows: |
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CHAPTER 103. DAY ACTIVITY AND HEALTH SERVICES [ADULT DAY CARE] |
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SECTION 5. Sections 103.001 and 103.002, Human Resources |
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Code, are amended to read as follows: |
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Sec. 103.001. PURPOSE. It is the purpose of this chapter to |
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establish programs of quality day activity and health services |
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[adult day care and day health care] that will enable elderly and |
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handicapped persons with medical or functional impairments to |
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maintain maximum independence and to prevent premature or |
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inappropriate institutionalization. It is the purpose of this |
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chapter to provide adequately regulated supervision for elderly and |
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handicapped persons while enabling them to remain in a family |
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environment and affording the family a measure of normality in its |
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daily activities. The legislature intends to provide for the |
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development of policies and programs that will: |
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(1) provide alternatives to institutionalization; |
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(2) establish facilities for day activity and health |
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services [adult day care and day health care] throughout the state |
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that offer services and are accessible to economically |
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disadvantaged persons; and |
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(3) prevent inappropriate institutionalization. |
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Sec. 103.002. SHORT TITLE. This chapter may be cited as the |
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Day Activity and Health Services [Adult Day Care] Act. |
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SECTION 6. Sections 103.003(1) and (2), Human Resources |
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Code, are amended to read as follows: |
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(1) "Day activity and health services [Adult day-care] |
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facility" means a facility that provides services under a day |
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activity and health services [an adult day-care] program on a daily |
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or regular basis but not overnight to four or more elderly or |
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handicapped persons who are not related by blood, marriage, or |
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adoption to the owner of the facility. |
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(2) "Day activity and health services [Adult day-care] |
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program" means a structured, comprehensive program that is designed |
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to meet the needs of adults with functional impairments through an |
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individual plan of care by providing health, social, and related |
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support services in a protective setting. |
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SECTION 7. Section 103.0041(a), Human Resources Code, is |
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amended to read as follows: |
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(a) A person may not operate a day activity and health |
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services [an adult day-care] facility without a license issued |
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under this chapter. |
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SECTION 8. Section 103.006(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department shall issue a license to operate a day |
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activity and health services [an adult day-care] facility to a |
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person who has met the application requirements and received |
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approval after an on-site inspection. |
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SECTION 9. Section 103.007(a), Human Resources Code, is |
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amended to read as follows: |
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(a) An applicant for a license to operate a day activity and |
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health services [an adult day-care] facility must file an |
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application on a form prescribed by the department together with a |
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license fee of $50. |
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SECTION 10. Section 103.0075(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department by rule shall adopt a procedure under |
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which a person proposing to construct or modify a day activity and |
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health services [an adult day-care] facility may submit building |
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plans to the department for review for compliance with the |
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department's architectural requirements before beginning |
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construction or modification. In adopting the procedure, the |
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department shall set reasonable deadlines by which the department |
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must complete review of submitted plans. |
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SECTION 11. Section 103.0091(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department may petition a district court for a |
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temporary restraining order to restrain a continuing violation of |
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the standards or licensing requirements provided under this chapter |
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if the department finds that the violation creates an immediate |
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threat to the health and safety of the day activity and health |
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services facility [adult day-care] residents. |
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SECTION 12. Section 103.0092(a), Human Resources Code, is |
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amended to read as follows: |
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(a) If the department finds a day activity and health |
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services [an adult day-care] facility operating in violation of the |
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standards prescribed by this chapter and the violations create an |
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immediate threat to the health and safety of a resident in the |
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facility, the department shall suspend the license or order |
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immediate closing of all or part of the facility. |
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SECTION 13. Section 103.011, Human Resources Code, is |
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amended to read as follows: |
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Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to |
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other rights an individual attending a day activity and health |
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services [an adult day care] facility has as a citizen, an |
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individual who is 55 years of age or older has the rights prescribed |
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by Chapter 102 of this code. |
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(b) The department shall require each day activity and |
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health services [adult day care] facility to implement and enforce |
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the applicable provisions of Chapter 102 of this code. |
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SECTION 14. Section 103.012(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department may assess an administrative penalty |
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against a person who: |
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(1) violates this chapter, a rule, standard, or order |
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adopted under this chapter, or a term of a license issued under this |
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chapter; |
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(2) makes a false statement of a material fact that the |
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person knows or should know is false: |
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(A) on an application for issuance or renewal of |
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a license or in an attachment to the application; or |
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(B) with respect to a matter under investigation |
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by the department; |
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(3) refuses to allow a representative of the |
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department to inspect: |
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(A) a book, record, or file required to be |
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maintained by a day activity and health services [an adult
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day-care] facility; or |
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(B) any portion of the premises of a day activity |
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and health services [an adult day-care] facility; |
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(4) wilfully interferes with the work of a |
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representative of the department or the enforcement of this |
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chapter; |
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(5) wilfully interferes with a representative of the |
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department preserving evidence of a violation of this chapter, a |
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rule, standard, or order adopted under this chapter, or a term of a |
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license issued under this chapter; |
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(6) fails to pay a penalty assessed under this chapter |
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not later than the 30th day after the date the assessment of the |
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penalty becomes final; or |
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(7) fails to notify the department of a change of |
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ownership before the effective date of the change of ownership. |
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SECTION 15. Sections 103.013(a) and (c), Human Resources |
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Code, are amended to read as follows: |
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(a) The department may not collect an administrative |
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penalty from a day activity and health services [an adult day-care] |
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facility under Section 103.012 if, not later than the 45th day after |
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the date the facility receives notice under Section 103.014(c), the |
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facility corrects the violation. |
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(c) A day activity and health services [An adult day-care] |
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facility that corrects a violation must maintain the correction. |
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If the facility fails to maintain the correction until at least the |
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first anniversary after the date the correction was made, the |
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department may assess and collect an administrative penalty for the |
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subsequent violation. An administrative penalty assessed under |
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this subsection is equal to three times the amount of the original |
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penalty assessed but not collected. The department is not required |
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to provide the facility with an opportunity under this section to |
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correct the subsequent violation. |
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SECTION 16. Sections 103.014(c) and (e), Human Resources |
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Code, are amended to read as follows: |
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(c) The department shall give written notice of the report |
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to the person charged with the violation not later than the 10th day |
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after the date on which the report is issued. The notice must |
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include: |
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(1) a brief summary of the charges; |
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(2) a statement of the amount of penalty recommended; |
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(3) a statement of whether the violation is subject to |
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correction under Section 103.013 and, if the violation is subject |
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to correction under that section, a statement of: |
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(A) the date on which the day activity and health |
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services [adult day-care] facility must file a plan of correction |
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with the department that the department shall review and may |
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approve, if satisfactory; and |
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(B) the date on which the plan of correction must |
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be completed to avoid assessment of the penalty; and |
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(4) a statement that the person charged has a right to |
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a hearing on the occurrence of the violation, the amount of the |
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penalty, or both. |
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(e) If the violation is subject to correction under Section |
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103.013, the day activity and health services [adult day-care] |
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facility shall submit a plan of correction to the department for |
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approval not later than the 10th day after the date on which the |
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notice under Subsection (c) is received. |
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SECTION 17. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2015. |