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A BILL TO BE ENTITLED
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AN ACT
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relating to staffing requirements for certain facilities that |
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provide care to persons with Alzheimer's disease or related |
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disorders; authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.0665(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply: |
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(1) to a violation that the department determines: |
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(A) results in serious harm to or death of a |
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resident; |
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(B) constitutes a serious threat to the health or |
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safety of a resident; or |
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(C) substantially limits the institution's |
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capacity to provide care; |
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(2) to a violation described by Sections |
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242.066(a)(2)-(7); |
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(3) to a violation of Section 260A.014 or 260A.015; |
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[or] |
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(4) to a violation of a right of a resident adopted |
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under Subchapter L; or |
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(5) to a second or subsequent violation of Section |
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326.002 that occurs before the second anniversary of the date of the |
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first violation. |
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SECTION 2. Section 247.0452(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply: |
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(1) to a violation that the department determines |
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results in serious harm to or death of a resident; |
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(2) to a violation described by Sections |
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247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015; |
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(3) to a second or subsequent violation of: |
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(A) a right of the same resident under Section |
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247.064; or |
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(B) the same right of all residents under Section |
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247.064; [or] |
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(4) to a violation described by Section 247.066, which |
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contains its own right to correct provisions; or |
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(5) to a second or subsequent violation of Section |
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326.002 that occurs before the second anniversary of the date of the |
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first violation. |
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SECTION 3. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 326 to read as follows: |
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CHAPTER 326. STAFFING REQUIREMENTS FOR FACILITIES PROVIDING CARE TO |
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PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DISORDERS |
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Sec. 326.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Facility" means: |
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(A) a nursing facility licensed under Chapter |
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242; |
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(B) a continuing care facility regulated under |
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Chapter 246; |
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(C) an assisted living facility licensed under |
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Chapter 247; |
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(D) a day activity and health services facility |
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licensed under Chapter 103, Human Resources Code; |
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(E) an establishment subject to Chapter 105, |
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Human Resources Code; |
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(F) a community home qualified under Chapter 123, |
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Human Resources Code; and |
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(G) an adult foster care provider that contracts |
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with the commission. |
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Sec. 326.002. WRITTEN POLICY REQUIRED. A facility shall |
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adopt, implement, and enforce a written policy that: |
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(1) requires a facility employee who provides direct |
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care to a person with Alzheimer's disease or a related disorder to |
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successfully complete training in the provision of care to persons |
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with Alzheimer's disease and related disorders; and |
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(2) ensures the care and services provided by a |
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facility employee to a person with Alzheimer's disease or a related |
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disorder meet the specific identified needs of the person relating |
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to the person's diagnosis of Alzheimer's disease or a related |
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disorder. |
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Sec. 326.003. ENFORCEMENT. (a) The commission may assess |
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an administrative penalty against a facility for a violation of |
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Section 326.002. |
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(b) The commission is not required to provide a facility an |
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opportunity to correct a second or subsequent violation of Section |
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326.002 that occurs before the second anniversary of the date of the |
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first violation. |
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(c) A violation of Section 326.002 constitutes a violation |
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of the law regulating a facility, and the commission may initiate |
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for the violation any other enforcement action authorized by that |
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law against the facility, including an adult foster care facility |
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with three or fewer beds. |
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Sec. 326.004. RULES. The executive commissioner shall |
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adopt rules related to the administration and implementation of |
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this chapter. |
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SECTION 4. Section 103.013(b), Human Resources Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply to: |
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(1) a violation that the department determines: |
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(A) results in serious harm to or death of a |
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person attending the facility; |
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(B) constitutes a serious threat to the health |
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and safety of a person attending the facility; or |
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(C) substantially limits the facility's capacity |
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to provide care; |
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(2) a violation described by Sections |
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103.012(a)(2)-(7); [or] |
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(3) a violation of Section 103.011; or |
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(4) a second or subsequent violation of Section |
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326.002 that occurs before the second anniversary of the date of the |
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first violation. |
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SECTION 5. Chapter 326, Health and Safety Code, as added by |
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this Act, does not affect the terms of a contract entered into |
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before the effective date of this Act, except that if the contract |
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is renewed, modified, or extended on or after the effective date of |
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this Act, Chapter 326 applies to the contract beginning on the date |
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of renewal, modification, or extension. |
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SECTION 6. This Act takes effect September 1, 2017. |