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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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that provide care and treatment for persons with Alzheimer's |
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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 NURSING FACILITIES |
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[INSTITUTIONS] THAT PROVIDE CARE AND TREATMENT FOR PERSONS WITH |
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ALZHEIMER'S DISEASE AND RELATED 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 nursing facilities [institutions] that meet |
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standards adopted by the executive commissioner concerning the |
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specialized care and treatment of persons with Alzheimer's disease |
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and related disorders. The commission may periodically modify the |
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system and standards as the executive commissioner determines |
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appropriate. |
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(b) A nursing facility may [An institution is] not [required |
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to be certified under this section in order to] provide care and |
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treatment for [of] persons with Alzheimer's disease and related |
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disorders unless the facility holds a certification issued under |
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this section. |
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(b-1) Notwithstanding Subsection (b) and subject to |
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Subsection (b-2), a nursing facility 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, 2035. |
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(b-2) A nursing facility initially licensed under this |
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chapter on or after January 1, 2027, 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, 2037. |
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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 nursing facilities [institutions] applying for certification |
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under this section. The rules must provide for a three-year |
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certification period. |
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(e) A nursing facility [An institution] may not advertise or |
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otherwise communicate that the facility holds a certification |
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issued under this section [institution is certified by the |
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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 facility |
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holds that certification [institution is certified under this |
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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 a nursing facility's certification under this |
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section with the expiration date for the facility's license under |
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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 NURSING |
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FACILITIES PROVIDING CARE AND TREATMENT FOR PERSONS WITH |
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ALZHEIMER'S DISEASE AND RELATED DISORDERS. (a) The commission |
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shall develop a state plan to certify under Section 242.040 each |
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nursing facility licensed under this chapter that provides care and |
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treatment for persons with Alzheimer's disease and related |
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disorders by January 1, 2035. The executive commissioner must |
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approve the state plan and shall adopt rules for implementing the |
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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 nursing facility 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 by January 1, 2035; 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 nursing |
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facilities 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 hold a certification issued under Section 242.040 by |
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January 1, 2027; |
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(2) at least 25 percent of the total number of nursing |
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facilities 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 hold a certification issued under Section 242.040 by |
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January 1, 2029; |
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(3) at least 50 percent of the total number of nursing |
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facilities 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 hold a certification issued under Section 242.040 by |
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January 1, 2031; |
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(4) at least 75 percent of the total number of nursing |
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facilities 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 hold a certification issued under Section 242.040 by |
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January 1, 2033; and |
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(5) each nursing facility licensed under this chapter |
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that provides care and treatment for persons with Alzheimer's |
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disease and related disorders hold a certification issued under |
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Section 242.040 by January 1, 2035. |
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(d) The state plan in accordance with the public purpose of |
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improving the provision of health care to the public may provide for |
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reimbursement to nursing facilities licensed under this chapter |
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that provide care and treatment for persons with Alzheimer's |
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disease and related disorders and that hold a certification issued |
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under Section 242.040 in amounts based on the following schedule: |
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(1) for a nursing facility certified by January 1, |
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2027, the state plan may reimburse the facility for 100 percent of |
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the certification costs; |
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(2) for a nursing facility certified by January 1, |
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2029, the state plan may reimburse the facility in an amount not to |
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exceed 75 percent of the certification costs; |
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(3) for a nursing facility certified by January 1, |
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2031, the state plan may reimburse the facility in an amount not to |
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exceed 50 percent of the certification costs; and |
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(4) for a nursing facility certified by January 1, |
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2033, the state plan may reimburse the facility 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, 2037. |
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SECTION 4. Not later than September 1, 2026, 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, 2025. |