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A BILL TO BE ENTITLED
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AN ACT
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relating to a state plan and requirements for nursing facilities |
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and related institutions that provide care and treatment for |
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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. The heading to Section 242.040, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 242.040. CERTIFICATION OF INSTITUTIONS THAT PROVIDE |
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CARE AND TREATMENT FOR PERSONS WITH ALZHEIMER'S DISEASE AND RELATED |
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DISORDERS. |
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SECTION 2. Section 242.040, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), (e), and (f) and |
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adding Subsections (b-1), (b-2), and (b-3) to read as follows: |
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(a) The commission [department] shall establish a system |
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for certifying institutions that meet standards adopted by the |
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executive commissioner concerning the specialized care and |
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treatment of persons with Alzheimer's disease and related |
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disorders. The commission may periodically modify the system and |
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standards as the executive commissioner determines appropriate. |
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(b) An institution may [is] not [required to be certified |
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under this section in order to] provide care and treatment for [of] |
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persons with Alzheimer's disease and related disorders unless the |
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institution holds a certification issued under this section. |
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(b-1) Notwithstanding Subsection (b) and subject to |
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Subsection (b-2), an institution is not required to hold a |
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certification issued under this section to provide care and |
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treatment for persons with Alzheimer's disease and related |
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disorders before January 1, 2033. |
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(b-2) An institution that is initially licensed under this |
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chapter on or after January 1, 2025, must hold a certification |
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issued under this section to provide care and treatment for persons |
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with Alzheimer's disease and related disorders. |
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(b-3) Subsections (b-1) and (b-2) and this subsection |
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expire September 1, 2035. |
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(c) The executive commissioner by rule shall [may] adopt |
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standards for the specialized care and treatment of persons with |
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Alzheimer's disease and related disorders and provide procedures |
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for institutions applying for certification under this section. |
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The rules must provide for a three-year certification period. |
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(e) An institution may not advertise or otherwise |
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communicate that the institution is certified by the commission |
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[department] to provide specialized care or treatment for persons |
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with Alzheimer's disease or related disorders unless the |
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institution is certified under this section. |
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(f) The executive commissioner by rule shall adopt a system |
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under which an appropriate number of certifications issued by the |
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commission [department] expire on staggered dates occurring in each |
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three-year period. If the expiration date of a certification |
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changes as a result of this subsection, the commission [department] |
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shall prorate the certification fee relating to that certification |
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as appropriate. To the extent possible, the system must align the |
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expiration date for an institution's certification under this |
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section with the expiration date for the institution's license |
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under this chapter. |
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SECTION 3. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.0406 to read as follows: |
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Sec. 242.0406. STATE PLAN FOR CERTIFICATION OF INSTITUTIONS |
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THAT PROVIDE CARE AND TREATMENT FOR PERSONS WITH ALZHEIMER'S |
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DISEASE AND RELATED DISORDERS. (a) The commission shall develop a |
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state plan to certify under Section 242.040 each institution |
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licensed under this chapter that provides care and treatment for |
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persons with Alzheimer's disease and related disorders by January |
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1, 2033. The executive commissioner must approve the state plan and |
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shall adopt rules for implementing the approved state plan. |
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(b) In developing the state plan, the commission shall: |
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(1) conduct a study on certifying under Section |
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242.040 each institution licensed under this chapter that provides |
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care and treatment for persons with Alzheimer's disease and related |
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disorders by January 1, 2033; and |
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(2) determine and consider in implementing the state |
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plan the: |
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(A) costs and challenges; |
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(B) legal and technical issues; and |
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(C) scheduling factors and time considerations. |
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(c) The state plan must require that: |
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(1) at least 10 percent of the total number of |
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institutions licensed under this chapter that provide care and |
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treatment for persons with Alzheimer's disease and related |
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disorders be certified under Section 242.040 by January 1, 2025; |
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(2) at least 25 percent of the total number of |
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institutions licensed under this chapter that provide care and |
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treatment for persons with Alzheimer's disease and related |
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disorders be certified under Section 242.040 by January 1, 2027; |
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(3) at least 50 percent of the total number of |
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institutions licensed under this chapter that provide care and |
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treatment for persons with Alzheimer's disease and related |
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disorders be certified under Section 242.040 by January 1, 2029; |
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(4) at least 75 percent of the total number of |
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institutions licensed under this chapter that provide care and |
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treatment for persons with Alzheimer's disease and related |
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disorders be certified under Section 242.040 by January 1, 2031; |
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and |
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(5) each institution licensed under this chapter that |
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provides care and treatment for persons with Alzheimer's disease |
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and related disorders be certified under Section 242.040 by January |
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1, 2033. |
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(d) The state plan may provide for reimbursement to |
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institutions licensed under this chapter that provide care and |
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treatment for persons with Alzheimer's disease and related |
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disorders and that become certified under Section 242.040 in |
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amounts based on the following schedule: |
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(1) for an institution certified by January 1, 2025, |
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the state plan may reimburse the institution for 100 percent of the |
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certification costs; |
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(2) for an institution certified by January 1, 2027, |
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the state plan may reimburse the institution in an amount not to |
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exceed 75 percent of the certification costs; |
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(3) for an institution certified by January 1, 2029, |
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the state plan may reimburse the institution in an amount not to |
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exceed 50 percent of the certification costs; and |
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(4) for an institution certified by January 1, 2031, |
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the state plan may reimburse the institution in an amount not to |
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exceed 25 percent of the certification costs. |
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(e) The commission may use existing resources and solicit |
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and accept gifts, grants, and donations from any source to |
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implement the state plan. |
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(f) This section expires September 1, 2035. |
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SECTION 4. Not later than September 1, 2024, the Health and |
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Human Services Commission shall develop, and the executive |
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commissioner of the commission shall approve and adopt, rules for |
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implementing the state plan required by Section 242.0406, Health |
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and Safety Code, as added by this Act. |
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SECTION 5. 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 rules necessary to implement |
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the changes in law made by this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |