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A BILL TO BE ENTITLED
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AN ACT
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relating to certification and classification requirements for |
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certain facilities that provide care for or advertise as providing |
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care for persons with Alzheimer's disease and related disorders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.040(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An institution that installs in its facility a unit |
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locking device as defined by commission rule to restrict a |
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resident's ability to exit a unit of the facility or the facility |
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may not provide care and treatment of persons with Alzheimer's |
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disease and related disorders unless the institution is certified |
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under this section. An institution that has not installed a unit |
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locking device in the facility is not required to be certified under |
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this section in order to provide care and treatment of persons with |
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Alzheimer's disease and related disorders. |
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SECTION 2. Section 247.029(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The executive commissioner shall adopt minimum |
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standards for an assisted living facility classified under this |
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section. The minimum standards must require the facility to |
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maintain an adequate ratio of direct care staff to residents based |
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on: |
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(1) recommendations published in a generally accepted |
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clinical resource for medical professionals; and |
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(2) consideration of the increased need for |
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supervision of residents with Alzheimer's disease or related |
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disorders. |
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SECTION 3. Notwithstanding Section 242.040(b), Health and |
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Safety Code, as amended by this Act, a nursing facility is not |
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required to comply with Section 242.040(b) or rules adopted under |
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that subsection until January 1, 2022. |
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SECTION 4. 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 minimum standards necessary to |
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implement Section 247.029(b), Health and Safety Code, as amended by |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |