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H.B. No. 1558
AN ACT
relating to an alternative method of satisfying certain licensing
and program participation requirements for assisted living
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.032 to read as follows:
Sec. 247.032. ACCREDITATION SURVEY TO SATISFY INSPECTION
REQUIREMENTS. (a) In this section, "accreditation commission"
means the Commission on Accreditation of Rehabilitation Facilities
or the Joint Commission on Accreditation of Healthcare
Organizations.
(b) The department shall accept an accreditation survey
from an accreditation commission for an assisted living facility
instead of an inspection under Section 247.023 or an annual
inspection or survey conducted under the authority of Section
247.027, but only if:
(1) the accreditation commission's standards meet or
exceed the requirements for licensing of the executive commissioner
of the Health and Human Services Commission for an assisted living
facility;
(2) the accreditation commission maintains an
inspection or survey program that, for each assisted living
facility, meets the department's applicable minimum standards as
confirmed by the executive commissioner of the Health and Human
Services Commission;
(3) the accreditation commission conducts an on-site
inspection or survey of the facility at least as often as required
by Section 247.023 or 247.027 and in accordance with the
department's minimum standards;
(4) the assisted living facility submits to the
department a copy of its required accreditation reports to the
accreditation commission in addition to the application, the fee,
and any report required for renewal of a license;
(5) the inspection or survey results are available for
public inspection to the same extent that the results of an
investigation or survey conducted under Section 247.023 or 247.027
are available for public inspection; and
(6) the department ensures that the accreditation
commission has taken reasonable precautions to protect the
confidentiality of personally identifiable information concerning
the residents of the assisted living facility.
(c) The department shall coordinate its licensing
activities with each of the accreditation commissions.
(d) Except as specifically provided by this section, this
section does not limit the department in performing any power or
duty under this chapter or inspection authorized by Section
247.027, including taking appropriate action relating to an
assisted living facility, such as suspending or revoking a license,
investigating an allegation of abuse, exploitation, or neglect or
another complaint, assessing an administrative penalty, or closing
the facility.
(e) This section does not require an assisted living
facility to obtain accreditation from an accreditation commission.
SECTION 2. This Act takes effect January 1, 2006.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1558 was passed by the House on April
22, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1558 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor