87R6926 JG-D
 
  By: Johnson, Paxton S.B. No. 1133
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to registration requirements and voluntary safety
  standards certification for senior living facilities; authorizing
  administrative penalties; imposing fees; requiring an occupational
  registration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Health and Safety Code, is
  amended by adding Chapter 260B to read as follows:
  CHAPTER 260B. SENIOR LIVING FACILITIES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 260B.001.  PURPOSE. The purpose of this chapter is to:
               (1)  register senior living facilities in this state;
               (2)  create a voluntary safety standards certification
  program for those facilities; and
               (3)  provide easily accessible information to current
  and prospective residents of a senior living facility on the safety
  certification status of that facility.
         Sec. 260B.002.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Common amenity" means an amenity or service
  offered or provided to residents of a multiunit residential
  property, including:
                     (A)  a fitness center;
                     (B)  concierge services;
                     (C)  a library;
                     (D)  common dining services;
                     (E)  housekeeping services; and
                     (F)  full-time security.
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (4)  "Resident" means an individual who resides in a
  senior living facility under a lease or residential agreement as a
  unit owner or tenant.
               (5)  "Senior living facility" means a residential
  facility or a portion of a residential facility that:
                     (A)  is managed by a single entity;
                     (B)  generally requires a resident to be 55 years
  of age or older;
                     (C)  contains not fewer than 20 residential units
  in one or more multiunit buildings that are available to rent,
  lease, or own;
                     (D)  is located on a single lot or tract of land or
  on multiple contiguous lots or tracts of land; and
                     (E)  provides common amenities.
               (6)  "Unit" means a physical portion of a residential
  property designated for separate ownership or occupancy.
         Sec. 260B.003.  EXEMPTIONS. This chapter does not apply to:
               (1)  a nursing facility licensed under Chapter 242;
               (2)  an assisted living facility licensed under Chapter
  247;
               (3)  an intermediate care facility licensed under
  Chapter 252;
               (4)  a boarding home facility as defined by Section
  260.001 that holds a permit issued as provided by Chapter 260;
               (5)  a supportive housing facility for elderly
  individuals operated in accordance with Section 202, Housing Act of
  1959 (12 U.S.C. Section 1701q);
               (6)  a center for independent living as defined by
  Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
  Section 796a);
               (7)  a condominium as defined by Section 82.003,
  Property Code; or
               (8)  a facility other than a senior living facility or a
  facility described by this section that is regulated by the
  commission or in accordance with rules adopted by the Centers for
  Medicare and Medicaid Services.
         Sec. 260B.004.  REGISTRY. The commission shall establish
  and maintain a registry that contains information on each senior
  living facility registered with the commission, including whether
  the facility holds a safety standards certification issued under
  Subchapter C.  The information must be publicly accessible through
  a web page on the commission's Internet website.
         Sec. 260B.005.  RULES. The executive commissioner shall
  adopt rules necessary to implement this chapter.
         Sec. 260B.006.  COST SAVINGS. To reduce the fiscal impact of
  implementing this chapter, the commission may:
               (1)  use information provided by a local governmental
  entity or law enforcement agency in making decisions under this
  chapter; and
               (2)  unless the commission suspects a senior living
  facility is violating the safety standards developed under Section
  260B.103, process a recertification request for a safety standards
  certification issued under Subchapter C by conducting a partial or
  full desk review to evaluate the recertification request.
  SUBCHAPTER B. REGISTRATION AND DISCLOSURE REQUIREMENTS
         Sec. 260B.051.  REGISTRATION REQUIRED. (a)  An entity may
  not establish or operate a senior living facility unless the entity
  registers with the commission in accordance with this subchapter.
         (b)  The executive commissioner by rule shall establish
  procedures for registering an entity to establish or operate a
  senior living facility, but may only establish registration
  requirements as necessary to implement this chapter.
         (c)  The executive commissioner by rule may require an entity
  to periodically renew a registration under this section, but may
  not revoke an entity's registration unless the entity no longer
  operates the senior living facility.
         Sec. 260B.052.  REGISTRATION AND RENEWAL FEES. (a) The
  executive commissioner by rule shall set registration and renewal
  fees in amounts:
               (1)  reasonable and necessary to cover the costs of
  administering this chapter; and
               (2)  as appropriate, based on the number of units in the
  senior living facility.
         (b)  All fees collected under this section are
  nonrefundable.
         Sec. 260B.053.  DISCLOSURE OF CERTIFICATION. (a)  A senior
  living facility shall provide to each resident at the time the
  facility provides the initial facility lease or residential
  contract to the resident a written statement on whether the
  facility holds a safety standards certification issued under
  Subchapter C.  The resident must sign and acknowledge the
  statement.
         (b)  The executive commissioner by rule may prescribe the
  format of the written statement.
  SUBCHAPTER C. SAFETY STANDARDS CERTIFICATION PROGRAM
         Sec. 260B.101.  VOLUNTARY SAFETY STANDARDS CERTIFICATION
  PROGRAM. (a) The commission shall develop and implement a
  voluntary safety standards certification program to certify a
  senior living facility that meets safety standards established by
  commission rule.
         (b)  The executive commissioner shall adopt rules to
  prescribe procedures governing:
               (1)  the issuance and maintenance of a safety standards
  certification; and
               (2)  inspections of a senior living facility that holds
  a safety standards certification to ensure the facility continues
  to meet the safety standards required for certification.
         Sec. 260B.102.  CERTIFICATION FEES. (a) The executive
  commissioner by rule shall set fees for issuing safety standards
  certifications under this subchapter, including application,
  inspection, certification, and renewal fees. The fees must be in
  amounts:
               (1)  reasonable and necessary to cover the costs of
  administering this chapter; and
               (2)  as appropriate, based on the number of units in a
  senior living facility.
         (b)  All fees collected under this section are
  nonrefundable.
         Sec. 260B.103.  SAFETY STANDARDS FOR CERTIFICATION. (a)
  The executive commissioner shall develop and publish on the
  commission's Internet website and in the Texas Register safety
  standards for certification of a senior living facility under this
  subchapter. The standards must address:
               (1)  the basic housing conditions of a facility to
  ensure each resident's health, safety, comfort, and protection from
  fire hazard;
               (2)  sanitary conditions in common areas of a facility
  to ensure each resident's health, safety, and comfort;
               (3)  the appropriate handling and regular reporting to
  residents of injuries, crimes, and unusual accidents and the
  establishment of related policies and procedures necessary to
  ensure the health and safety of each resident;
               (4)  policies and procedures for natural disasters,
  infectious disease outbreaks, and other extreme risks;
               (5)  policies and procedures for registering facility
  visitors to protect the safety of each resident;
               (6)  criminal history record checks of facility
  personnel conducted by the facility and records of those checks;
  and
               (7)  the rights of each resident to:
                     (A)  speak with law enforcement officials and
  report instances of criminal conduct to the officials without
  obstruction or retaliation from the facility or facility personnel;
  and
                     (B)  execute the resident's advance directive or a
  testamentary document without any influence from facility
  personnel unless the facility is authorized under the resident's
  durable medical power of attorney.
         (b)  In developing safety standards under Subsection (a),
  the executive commissioner:
               (1)  may exempt from certain standards or develop
  separate standards for a senior living facility with residents who
  are primarily low income, that is located in a rural area, or that
  is otherwise unable to meet the standards due to unique
  circumstances, as determined by the executive commissioner;
               (2)  shall develop standards and evaluate the physical
  condition of a facility based on the facility's compliance with
  applicable local building codes;
               (3)  shall avoid creating cost burdens that may
  disincentivize a facility from seeking a safety standards
  certification; and
               (4)  shall ensure the standards preserve the
  independence, privacy, and autonomy of residents.
         Sec. 260B.104.  INSPECTIONS; ISSUANCE; STATEMENT OF
  IMPROVEMENTS. (a) The commission shall inspect each senior living
  facility that submits a request to the commission for certification
  under this subchapter to determine whether the facility meets the
  safety standards for certification developed under Section
  260B.103 and may inspect the facility at other reasonable times as
  necessary to ensure compliance with this subchapter.
         (b)  The commission shall issue a safety standards
  certification to each senior living facility that applies for and
  meets the safety standards for certification.
         (c)  The commission shall issue a written statement
  describing the improvements necessary for obtaining a safety
  standards certification to a senior living facility that:
               (1)  requests an inspection under this section and that
  the commission determines does not meet the safety standards for
  certification;
               (2)  holds a certification but is at risk of having the
  certification suspended or revoked in accordance with Section
  260B.153; or
               (3)  has had its certification suspended or revoked for
  a violation of this chapter.
         Sec. 260B.105.  CERTIFICATION SEAL. The commission shall
  design a certification seal that visually indicates a senior living
  facility has met voluntary state safety standards and shall
  authorize a facility that holds a safety standards certification to
  use the seal in the facility's advertising and marketing materials.
  SUBCHAPTER D.  GENERAL ENFORCEMENT
         Sec. 260B.151.  COMPLAINTS. The executive commissioner by
  rule shall develop and implement procedures for receiving and
  processing complaints of an alleged violation of this chapter. In
  developing and implementing the procedures, the executive
  commissioner shall ensure the identity of the complainant is kept
  confidential.
         Sec. 260B.152.  INFORMAL DISPUTE RESOLUTION; COLLECTION OF
  UNPAID FEES. (a) The executive commissioner by rule shall
  establish an informal dispute resolution process to address a
  dispute between a senior living facility and the commission
  concerning:
               (1)  unpaid fees or penalties; and
               (2)  for a facility with a safety standards
  certification issued under Subchapter C that is in violation of one
  or more of the safety standards developed under Section 260B.103, a
  statement of the safety standards violations prepared by the
  commission in accordance with this section.
         (b)  The informal dispute resolution process established by
  the executive commissioner under this section must require that:
               (1)  a senior living facility request informal dispute
  resolution not later than the 10th day following the date on which
  the commission notifies the facility of the unpaid fees or
  penalties or safety standards violations;
               (2)  the process be completed not later than the 90th
  day following the date on which the commission receives from a
  senior living facility a request for informal dispute resolution;
               (3)  not later than the 20th business day following the
  date on which a senior living facility requests informal dispute
  resolution, the commission provide to the facility a copy of all
  information referenced in the dispute, including any notes taken or
  e-mails or messages sent by a commission employee involved with
  registering or issuing a safety standards certification to the
  facility, as applicable, and excluding:
                     (A)  the name of any complainant, witness, or
  informant, which must be redacted from information provided to the
  facility;
                     (B)  any information that would reasonably lead to
  the identification of a complainant, witness, or informant, which
  must be redacted from information provided to the facility;
                     (C)  information obtained from or contained in the
  records of the facility;
                     (D)  information that is publicly available; or
                     (E)  information that is confidential by law;
               (4)  during the process, full consideration be given to
  all factual arguments raised and information provided by the senior
  living facility or commission;
               (5)  ex parte communications concerning the substance
  of any argument relating to the unpaid fees or safety standards
  violations under consideration not occur between the informal
  dispute resolution staff and the senior living facility or
  commission;
               (6)  the senior living facility and commission be given
  a reasonable opportunity to submit arguments and information
  supporting the position of the facility or commission and to
  respond to arguments and information presented against the other,
  provided that the facility submits arguments and supporting
  information not later than the 10th business day following the date
  on which the facility receives the information described by
  Subdivision (3); and
               (7)  the commission bear the burden of proving the
  unpaid fees or penalties or safety standards violations.
         (c)  The commission may not delegate the commission's
  responsibility to administer the informal dispute resolution
  process established by this section to another state agency.
         (d)  A senior living facility that requests an informal
  dispute resolution under this section must reimburse the commission
  for any costs associated with the commission's preparation,
  copying, and delivery of information requested by the facility.
         (e)  A statement of safety standards violations prepared by
  the commission is confidential pending the outcome of the informal
  dispute resolution process.  Information concerning the outcome of
  an inspection may be posted on any Internet website maintained by
  the commission while the dispute is pending if the posting clearly
  notes each finding that is in dispute.
         (f)  The commission may charge and the senior living facility
  shall pay the reasonable costs associated with making the
  redactions required by Subsections (b)(3)(A) and (B).
         (g)  For a senior living facility that does not request
  informal dispute resolution under this section for unpaid
  registration or certification fees, the commission may request the
  attorney general to institute an action to collect the unpaid fees
  and any accrued interest on those fees.
         Sec. 260B.153.  SUSPENSION OR REVOCATION OF SAFETY STANDARDS
  CERTIFICATION. (a) The commission, after providing notice and
  opportunity for a hearing to the senior living facility, may
  suspend or revoke a safety standards certification issued under
  Subchapter C if the commission determines the facility violated
  this chapter or a rule or standard adopted under this chapter in a
  substantial manner or more than once.
         (b)  The suspension or revocation of a safety standards
  certification by the commission under this section and the appeal
  from that action are governed by the procedures for a contested case
  hearing under Chapter 2001, Government Code.
         (c)  The safety standards certification of a senior living
  facility issued under Subchapter C is preserved until final
  disposition of a contested matter under this section.
         (d)  A court of competent jurisdiction may not order
  arbitration, whether on motion of any party or on the court's own
  motion, to resolve a dispute involving the suspension or revocation
  of a safety standards certification issued under Subchapter C or
  the conduct with respect to which the suspension or revocation is
  sought.
         Sec. 260B.154.  ADMINISTRATIVE PENALTY. (a) The commission
  may assess an administrative penalty against a senior living
  facility that:
               (1)  fails to register with the commission under
  Section 260B.051 in a timely manner, as determined by commission
  rule;
               (2)  fails to disclose whether the facility holds a
  safety standards certification as required by Section 260B.053;
               (3)  knowingly makes a false statement of a material
  fact:
                     (A)  on an application for registration,
  registration renewal, certification, or recertification or on
  another document provided to the commission; or
                     (B)  with respect to a matter under investigation
  by the commission;
               (4)  misrepresents to a resident or prospective
  resident, including through the use of the certification seal
  designed by the commission under Section 260B.105, that the
  facility holds a safety standards certification issued under
  Subchapter C;
               (5)  applies for a safety standards certification under
  Subchapter C but does not allow the commission or a representative
  of the commission to conduct any necessary inspection of the
  facility's records or premises;
               (6)  wilfully interferes with the work of the
  commission or a representative of the commission in implementing or
  enforcing this chapter or a rule adopted under this chapter; or
               (7)  fails to pay a penalty assessed against the
  facility not later than the 30th day after the date the assessment
  of the penalty becomes final.
         (b)  A penalty assessed against a senior living facility
  under this section may not exceed $1,000 for each violation.
         (c)  The executive commissioner by rule shall establish
  gradations of penalties under this section based on:
               (1)  the seriousness of a violation;
               (2)  the history of previous violations;
               (3)  efforts to correct a violation; and
               (4)  the size of a senior living facility and the entity
  that registers the facility under this chapter.
         (d)  The commission may waive all or part of a penalty
  assessed against a senior living facility under this section if the
  commission determines the violation was the result of a good faith
  mistake.
         (e)  A penalty assessed against a senior living facility
  under Subsection (a)(7) is in addition to the previously assessed
  penalty.
         (f)  A penalty collected under this section shall be
  deposited in the state treasury to the credit of the general revenue
  fund.
         SECTION 2.  (a)  As soon as practicable after the effective
  date of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Chapter 260B, Health and Safety Code, as added by this Act.
         (b)  Notwithstanding Chapter 260B, Health and Safety Code,
  as added by this Act, a senior living facility existing on the
  effective date of this Act is not required to register under that
  chapter before September 1, 2022.
         SECTION 3.  This Act takes effect September 1, 2021.