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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for certain institutions and |
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facilities that provide care and services to persons with |
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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. |
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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, 2028. |
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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, 2030. |
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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. |
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SECTION 3. The heading to Section 247.029, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 247.029. CLASSIFICATION OF FACILITIES THAT PROVIDE |
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PERSONAL CARE SERVICES TO [FOR] PERSONS WITH ALZHEIMER'S DISEASE OR |
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RELATED DISORDERS. |
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SECTION 4. Section 247.029, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), and (a-3) to read as follows: |
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(a) The executive commissioner by rule shall establish a |
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classification and license for a facility that [advertises, |
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markets, or otherwise promotes that the facility] provides personal |
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care services to residents who have Alzheimer's disease or related |
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disorders. A facility may not [is not required to be classified |
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under this section to] provide personal care services [care or |
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treatment] to residents who have Alzheimer's disease or related |
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disorders unless the facility is classified under this section. |
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(a-1) Notwithstanding Subsection (a) and subject to |
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Subsection (a-2), a facility is not required to be classified under |
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this section to provide personal care services to persons with |
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Alzheimer's disease or related disorders before January 1, 2028. |
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(a-2) A facility that is initially licensed under this |
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chapter on or after January 1, 2025, must be classified under this |
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section to provide personal care services to persons with |
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Alzheimer's disease or related disorders. |
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(a-3) Subsections (a-1) and (a-2) and this subsection |
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expire September 1, 2030. |
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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. |