87R4359 MCF-D
 
  By: Davis H.B. No. 1582
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the placement of individuals with Alzheimer's disease
  or dementia in health care facilities and correctional facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 222, Health and Safety Code, is amended
  by adding Subchapter D to read as follows:
  SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING
  RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA
         Sec. 222.101.  DEFINITIONS. In this subchapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Executive commissioner" means the executive
  commissioner of the commission.
               (3)  "Health care facility" means a health care
  facility licensed by the commission.
               (4)  "Resident" means an individual who resides in a
  health care facility.
         Sec. 222.102.  PLACEMENT OF CERTAIN RESIDENTS.  The
  executive commissioner by rule shall prohibit a health care
  facility from placing a resident with Alzheimer's disease or
  dementia in the same room as a resident with mental illness and a
  history of violence.
         Sec. 222.103.  DISCIPLINARY ACTION.  A health care facility
  that violates this subchapter or a rule adopted under this
  subchapter is subject to disciplinary action by the commission as
  if the facility violated an applicable licensing law.
         SECTION 2.  Chapter 493, Government Code, is amended by
  adding Section 493.034 to read as follows:
         Sec. 493.034.  HOUSING OF INMATES WITH ALZHEIMER'S DISEASE
  OR DEMENTIA. The department shall ensure that an inmate with
  Alzheimer's disease or dementia who is confined in a correctional
  facility operated by or under contract with the department is not
  housed in the same cell as an inmate with mental illness and a
  history of violence.
         SECTION 3.  Chapter 511, Government Code, is amended by
  adding Section 511.022 to read as follows:
         Sec. 511.022.  HOUSING OF INMATES WITH ALZHEIMER'S DISEASE
  OR DEMENTIA. The commission shall adopt rules prohibiting a
  correctional facility from housing an inmate with Alzheimer's
  disease or dementia in the same cell as an inmate with mental
  illness and a history of violence.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission and the Commission on Jail Standards shall
  adopt rules necessary to implement the changes in law made by this
  Act.
         SECTION 5.  This Act takes effect September 1, 2021.