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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain actions against an assisted living |
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facility for the inappropriate placement of a resident and |
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prohibiting retaliation against a facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.066, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsections (d-1) and |
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(f) to read as follows: |
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(d) If a department inspector determines that a resident is |
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inappropriately placed at a facility and the facility either agrees |
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with the determination or does not obtain the written statements |
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prescribed by Subsection (c) that would allow the resident to |
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remain in the facility notwithstanding the determination of the |
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inspector, the department may not assess an administrative penalty |
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against the facility because of the inappropriate placement, except |
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as provided by Subsection (d-1). However, the facility shall |
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discharge the resident. The resident is allowed 30 days after the |
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date of discharge to move from the facility. A discharge required |
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under this subsection must be made notwithstanding: |
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(1) any other law, including any law relating to the |
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rights of residents and any obligations imposed under the Property |
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Code; and |
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(2) the terms of any contract. |
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(d-1) The department may assess an administrative penalty |
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against a facility under this section only if the facility |
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intentionally or repeatedly disregarded the department's |
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guidelines for appropriate placement. |
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(f) The process described by this section is the |
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department's sole remedy for requiring the discharge of a resident |
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from an assisted living facility if a department inspector |
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determines that a resident is inappropriately placed at a facility. |
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SECTION 2. Section 247.068, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A department employee may not retaliate against an |
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assisted living facility, an employee of an assisted living |
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facility, or a person in control of an assisted living facility for: |
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(1) complaining about the conduct of a department |
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employee; |
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(2) disagreeing with a department employee about the |
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existence of a violation of this chapter or a rule adopted under |
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this chapter; or |
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(3) asserting a right under state or federal law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |