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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
531.951(a), Government Code, is amended to read as follows:
(a) This subchapter applies
only to the final licensing, listing, or registration decisions of a health
and human services agency with respect to a person under the law
authorizing the agency to regulate the following types of persons:
(1) a youth camp licensed
under Chapter 141, Health and Safety Code;
(2) a home and community
support services agency licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed
under Chapter 241, Health and Safety Code;
(4) an institution licensed
under Chapter 242, Health and Safety Code;
(5) an assisted living
facility licensed under Chapter 247, Health and Safety Code;
(6) a special care facility
licensed under Chapter 248, Health and Safety Code;
(7) an intermediate care
facility licensed under Chapter 252, Health and Safety Code;
(8) a chemical dependency
treatment facility licensed under Chapter 464, Health and Safety Code;
(9) a mental hospital or
mental health facility licensed under Chapter 577, Health and Safety Code;
(10) a child-care facility
or child-placing agency licensed under or a family home listed or
registered under Chapter 42, Human Resources Code; or
(11) a day activity and health services [an adult day-care]
facility licensed under Chapter 103, Human Resources Code.
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SECTION 1. Section
531.951(a), Government Code, is amended to read as follows:
(a) This subchapter applies
only to the final licensing, listing, or registration decisions of a health
and human services agency with respect to a person under the law
authorizing the agency to regulate the following types of persons:
(1) a youth camp licensed
under Chapter 141, Health and Safety Code;
(2) a home and community
support services agency licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed
under Chapter 241, Health and Safety Code;
(4) an institution licensed
under Chapter 242, Health and Safety Code;
(5) an assisted living
facility licensed under Chapter 247, Health and Safety Code;
(6) a special care facility
licensed under Chapter 248, Health and Safety Code;
(7) an intermediate care
facility licensed under Chapter 252, Health and Safety Code;
(8) a chemical dependency
treatment facility licensed under Chapter 464, Health and Safety Code;
(9) a mental hospital or
mental health facility licensed under Chapter 577, Health and Safety Code;
(10) a child-care facility
or child-placing agency licensed under or a family home listed or
registered under Chapter 42, Human Resources Code; or
(11) an adult day services [day-care] facility
licensed under Chapter 103, Human Resources Code.
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SECTION 2. Section
81.042(e), Health and Safety Code, is amended to read as follows:
(e) The following persons
shall report to the local health authority or the department a suspected
case of a reportable disease and all information known concerning the
person who has or is suspected of having the disease if a report is not
made as required by Subsections (a)-(d):
(1) a professional
registered nurse;
(2) an administrator or
director of a public or private temporary or permanent child-care facility;
(3) an administrator or
director of a nursing home, personal care home, adult respite care center,
or day activity and health services
facility [adult
day-care center];
(4) an administrator of a
home health agency;
(5) an administrator or
health official of a public or private institution of higher education;
(6) an owner or manager of a
restaurant, dairy, or other food handling or processing establishment or
outlet;
(7) a superintendent,
manager, or health official of a public or private camp, home, or
institution;
(8) a parent, guardian, or
householder;
(9) a health professional;
(10) an administrator or
health official of a penal or correctional institution; or
(11) emergency medical
service personnel, a peace officer, or a firefighter.
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SECTION 2. Section 81.042(e),
Health and Safety Code, is amended to read as follows:
(e) The following persons
shall report to the local health authority or the department a suspected
case of a reportable disease and all information known concerning the
person who has or is suspected of having the disease if a report is not
made as required by Subsections (a)-(d):
(1) a professional
registered nurse;
(2) an administrator or
director of a public or private temporary or permanent child-care facility;
(3) an administrator or
director of a nursing home, personal care home, adult respite care center,
or adult day services facility
[day-care center];
(4) an administrator of a
home health agency;
(5) an administrator or
health official of a public or private institution of higher education;
(6) an owner or manager of a
restaurant, dairy, or other food handling or processing establishment or
outlet;
(7) a superintendent,
manager, or health official of a public or private camp, home, or
institution;
(8) a parent, guardian, or
householder;
(9) a health professional;
(10) an administrator or
health official of a penal or correctional institution; or
(11) emergency medical
service personnel, a peace officer, or a firefighter.
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SECTION 3. Section
164.003(5), Health and Safety Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(5) "Mental health
facility" means:
(A) a "mental health
facility" as defined by Section 571.003;
(B) a residential treatment
facility, other than a mental health facility, in which persons are treated
for emotional problems or disorders in a 24-hour supervised living
environment; and
(C) a day activity and health services [an adult day-care]
facility as defined by Section 103.003, Human Resources Code.
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SECTION 3. Section
164.003(5), Health and Safety Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(5) "Mental health
facility" means:
(A) a "mental health
facility" as defined by Section 571.003;
(B) a residential treatment
facility, other than a mental health facility, in which persons are treated
for emotional problems or disorders in a 24-hour supervised living
environment; and
(C) an adult day services [day-care] facility as
defined by Section 103.003, Human Resources Code.
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SECTION 4. Section
250.001(3), Health and Safety Code, as reenacted and amended by S.B. No.
219, Acts of the 84th Legislature, Regular Session, 2015, is amended to
read as follows:
(3) "Facility" means:
(A) a nursing facility,
custodial care home, or other institution licensed by the Department of
Aging and Disability Services under Chapter 242;
(B) an assisted living
facility licensed by the Department of Aging and Disability Services under
Chapter 247;
(C) a home and community
support services agency licensed under Chapter 142;
(D) a day activity and health services [an adult day care]
facility licensed by the Department of Aging and Disability Services under
Chapter 103, Human Resources Code;
(E) an ICF-IID licensed
under Chapter 252;
(F) an adult foster care
provider that contracts with the Department of Aging and Disability
Services;
(G) a facility that provides
mental health services and that is operated by or contracts with the
Department of State Health Services;
(H) a local mental health
authority designated under Section 533.035 or a local intellectual and
developmental disability authority designated under Section 533.035;
(I) a person exempt from
licensing under Section 142.003(a)(19);
(J) a special care facility
licensed by the Department of State Health Services under Chapter 248;
(K) a mental health service
unit of a hospital licensed under Chapter 241; or
(L) a prescribed pediatric
extended care center licensed by the Department of Aging and Disability
Services under Chapter 248A.
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SECTION 4. Section
250.001(3), Health and Safety Code, as reenacted and amended by S.B. No.
219, Acts of the 84th Legislature, Regular Session, 2015, is amended to
read as follows:
(3) "Facility" means:
(A) a nursing facility,
custodial care home, or other institution licensed by the Department of
Aging and Disability Services under Chapter 242;
(B) an assisted living
facility licensed by the Department of Aging and Disability Services under
Chapter 247;
(C) a home and community
support services agency licensed under Chapter 142;
(D) an adult day services [day care] facility
licensed by the Department of Aging and Disability Services under Chapter
103, Human Resources Code;
(E) an ICF-IID licensed
under Chapter 252;
(F) an adult foster care
provider that contracts with the Department of Aging and Disability
Services;
(G) a facility that provides
mental health services and that is operated by or contracts with the
Department of State Health Services;
(H) a local mental health
authority designated under Section 533.035 or a local intellectual and
developmental disability authority designated under Section 533.035;
(I) a person exempt from
licensing under Section 142.003(a)(19);
(J) a special care facility
licensed by the Department of State Health Services under Chapter 248;
(K) a mental health service
unit of a hospital licensed under Chapter 241; or
(L) a prescribed pediatric
extended care center licensed by the Department of Aging and Disability
Services under Chapter 248A.
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SECTION 5. The heading to
Chapter 103, Human Resources Code, is amended to read as follows:
CHAPTER 103. DAY ACTIVITY
AND HEALTH SERVICES [ADULT DAY CARE]
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SECTION 5. The heading to
Chapter 103, Human Resources Code, is amended to read as follows:
CHAPTER 103. ADULT DAY SERVICES
[CARE]
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SECTION 6. Section 103.001,
Human Resources Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, and Section 103.002, Human Resources
Code, are amended to read as follows:
Sec. 103.001. PURPOSE. It
is the purpose of this chapter to establish programs of quality day activity and health services [adult day care and day health
care] that will enable persons with disabilities who have medical or
functional impairments and elderly persons to maintain maximum independence
and to prevent premature or inappropriate institutionalization. It is the
purpose of this chapter to provide adequately regulated supervision for
elderly persons and persons with disabilities while enabling them to remain
in a family environment and affording the family a measure of normality in
its daily activities. The legislature intends to provide for the
development of policies and programs that will:
(1) provide alternatives to
institutionalization;
(2) establish facilities for
day activity and health services [adult day care and day health
care] throughout the state that offer services and are accessible to
economically disadvantaged persons; and
(3) prevent inappropriate
institutionalization.
Sec. 103.002. SHORT TITLE.
This chapter may be cited as the Day
Activity and Health Services [Adult
Day Care] Act.
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SECTION 6. Section 103.001,
Human Resources Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, and Section 103.002, Human Resources
Code, are amended to read as follows:
Sec. 103.001. PURPOSE. It
is the purpose of this chapter to establish programs of quality adult day services [care and day
health care] that will enable persons with disabilities who have
medical or functional impairments and elderly persons to maintain maximum
independence and to prevent premature or inappropriate
institutionalization. It is the purpose of this chapter to provide
adequately regulated supervision for elderly persons and persons with
disabilities while enabling them to remain in a family environment and
affording the family a measure of normality in its daily activities. The
legislature intends to provide for the development of policies and programs
that will:
(1) provide alternatives to
institutionalization;
(2) establish facilities for
adult day services [care
and day health care] throughout the state that offer services and are
accessible to economically disadvantaged persons; and
(3) prevent inappropriate
institutionalization.
Sec. 103.002. SHORT TITLE.
This chapter may be cited as the Adult Day Services
[Care] Act.
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SECTION 7. Section
103.003(1), Human Resources Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, and Section 103.003(2), Human
Resources Code, are amended to read as follows:
(1) "Day activity and health services [Adult day-care]
facility" means a facility that provides services under a day activity and health services [an adult day-care] program
on a daily or regular basis but not overnight to four or more elderly
persons or persons with disabilities who are not related by blood,
marriage, or adoption to the owner of the facility.
(2) "Day activity and health services [Adult day-care]
program" means a structured, comprehensive program that is designed to
meet the needs of adults with functional impairments through an individual
plan of care by providing health, social, and related support services in a
protective setting.
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SECTION 7. Section 103.003(1),
Human Resources Code, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, and Section 103.003(2), Human Resources
Code, are amended to read as follows:
(1) "Adult day services [day-care]
facility" means a facility that provides services under an adult day services [day-care]
program on a daily or regular basis but not overnight to four or more
elderly persons or persons with disabilities who are not related by blood,
marriage, or adoption to the owner of the facility.
(2) "Adult day services [day-care]
program" means a structured, comprehensive program that is designed to
meet the needs of adults with functional impairments through an individual
plan of care by providing health, social, and related support services in a
protective setting.
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SECTION 8. Section
103.0041(a), Human Resources Code, is amended to read as follows:
(a) A person may not operate
a day activity and health services [an adult day-care]
facility without a license issued under this chapter.
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SECTION 8. Section
103.0041(a), Human Resources Code, is amended to read as follows:
(a) A person may not operate
an adult day services [day-care]
facility without a license issued under this chapter.
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SECTION 9. Section
103.006(a), Human Resources Code, is amended to read as follows:
(a) The department shall
issue a license to operate a day
activity and health services [an
adult day-care] facility to a person who has met the
application requirements and received approval after an on-site inspection.
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SECTION 9. Section
103.006(a), Human Resources Code, is amended to read as follows:
(a) The department shall
issue a license to operate an adult day
services [day-care] facility to a person who has met the
application requirements and received approval after an on-site inspection.
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SECTION 10. Section
103.007(a), Human Resources Code, is amended to read as follows:
(a) An applicant for a
license to operate a day activity and
health services [an adult
day-care] facility must file an application on a form prescribed by the
department together with a license fee of $50.
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SECTION 10. Section
103.007(a), Human Resources Code, is amended to read as follows:
(a) An applicant for a
license to operate an adult day services
[day-care] facility must file an application on a form prescribed by
the department together with a license fee of $50.
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SECTION 11. Section
103.0075(a), Human Resources Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(a) The executive commissioner
by rule shall adopt a procedure under which a person proposing to construct
or modify a day activity and health
services [an adult
day-care] facility may submit building plans to the department for
review for compliance with the department's architectural requirements
before beginning construction or modification. In adopting the procedure,
the executive commissioner shall set reasonable deadlines by which the
department must complete review of submitted plans.
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SECTION 11. Section
103.0075(a), Human Resources Code, as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(a) The executive
commissioner by rule shall adopt a procedure under which a person proposing
to construct or modify an adult day
services [day-care] facility may submit building plans to
the department for review for compliance with the department's
architectural requirements before beginning construction or modification.
In adopting the procedure, the executive commissioner shall set reasonable
deadlines by which the department must complete review of submitted plans.
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SECTION 12. Section
103.0091(a), Human Resources Code, is amended to read as follows:
(a) The department may
petition a district court for a temporary restraining order to restrain a
continuing violation of the standards or licensing requirements provided
under this chapter if the department finds that the violation creates an
immediate threat to the health and safety of the day activity and health services facility [adult day-care] residents.
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SECTION 12. Section
103.0091(a), Human Resources Code, is amended to read as follows:
(a) The department may
petition a district court for a temporary restraining order to restrain a
continuing violation of the standards or licensing requirements provided
under this chapter if the department finds that the violation creates an
immediate threat to the health and safety of the adult day services facility [day-care]
residents.
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SECTION 13. Section
103.0092(a), Human Resources Code, is amended to read as follows:
(a) If the department finds a day activity and health services [an adult day-care]
facility operating in violation of the standards prescribed by this chapter
and the violations create an immediate threat to the health and safety of a
resident in the facility, the department shall suspend the license or order
immediate closing of all or part of the facility.
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SECTION 13. Section
103.0092(a), Human Resources Code, is amended to read as follows:
(a) If the department finds an adult day services [day-care]
facility operating in violation of the standards prescribed by this chapter
and the violations create an immediate threat to the health and safety of a
resident in the facility, the department shall suspend the license or order
immediate closing of all or part of the facility.
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SECTION 14. Section 103.011,
Human Resources Code, is amended to read as follows:
Sec. 103.011. RIGHTS OF THE
ELDERLY. (a) In addition to other rights an individual attending a day activity and health services [an adult day care]
facility has as a citizen, an individual who is 55 years of age or older
has the rights prescribed by Chapter 102 of this code.
(b) The department shall
require each day activity and health
services [adult day
care] facility to implement and enforce the applicable provisions of
Chapter 102 of this code.
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SECTION 14. Section 103.011,
Human Resources Code, is amended to read as follows:
Sec. 103.011. RIGHTS OF THE
ELDERLY. (a) In addition to other rights an individual attending an adult day services [care]
facility has as a citizen, an individual who is 55 years of age or older
has the rights prescribed by Chapter 102 of this code.
(b) The department shall
require each adult day services
[care] facility to implement and enforce the applicable provisions
of Chapter 102 of this code.
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SECTION 15. Section
103.012(a), Human Resources Code, is amended to read as follows:
(a) The department may
assess an administrative penalty against a person who:
(1) violates this chapter, a
rule, standard, or order adopted under this chapter, or a term of a license
issued under this chapter;
(2) makes a false statement
of a material fact that the person knows or should know is false:
(A) on an application for
issuance or renewal of a license or in an attachment to the application; or
(B) with respect to a matter
under investigation by the department;
(3) refuses to allow a
representative of the department to inspect:
(A) a book, record, or file
required to be maintained by a day
activity and health services [an
adult day-care] facility; or
(B) any portion of the
premises of a day activity and health
services [an adult
day-care] facility;
(4) wilfully interferes with
the work of a representative of the department or the enforcement of this
chapter;
(5) wilfully interferes with
a representative of the department preserving evidence of a violation of
this chapter, a rule, standard, or order adopted under this chapter, or a
term of a license issued under this chapter;
(6) fails to pay a penalty
assessed under this chapter not later than the 30th day after the date the
assessment of the penalty becomes final; or
(7) fails to notify the
department of a change of ownership before the effective date of the change
of ownership.
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SECTION 15. Section
103.012(a), Human Resources Code, is amended to read as follows:
(a) The department may
assess an administrative penalty against a person who:
(1) violates this chapter, a
rule, standard, or order adopted under this chapter, or a term of a license
issued under this chapter;
(2) makes a false statement
of a material fact that the person knows or should know is false:
(A) on an application for
issuance or renewal of a license or in an attachment to the application; or
(B) with respect to a matter
under investigation by the department;
(3) refuses to allow a
representative of the department to inspect:
(A) a book, record, or file
required to be maintained by an adult day
services [day-care] facility; or
(B) any portion of the
premises of an adult day services
[day-care] facility;
(4) wilfully interferes with
the work of a representative of the department or the enforcement of this
chapter;
(5) wilfully interferes with
a representative of the department preserving evidence of a violation of
this chapter, a rule, standard, or order adopted under this chapter, or a
term of a license issued under this chapter;
(6) fails to pay a penalty
assessed under this chapter not later than the 30th day after the date the
assessment of the penalty becomes final; or
(7) fails to notify the
department of a change of ownership before the effective date of the change
of ownership.
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SECTION 16. Sections
103.013(a) and (c), Human Resources Code, are amended to read as follows:
(a) The department may not
collect an administrative penalty from a
day activity and health services
[an adult day-care] facility under Section 103.012 if,
not later than the 45th day after the date the facility receives notice
under Section 103.014(c), the facility corrects the violation.
(c) A day activity and health services [An adult day-care]
facility that corrects a violation must maintain the correction. If the
facility fails to maintain the correction until at least the first
anniversary after the date the correction was made, the department may
assess and collect an administrative penalty for the subsequent violation.
An administrative penalty assessed under this subsection is equal to three
times the amount of the original penalty assessed but not collected. The
department is not required to provide the facility with an opportunity
under this section to correct the subsequent violation.
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SECTION 16. Sections
103.013(a) and (c), Human Resources Code, are amended to read as follows:
(a) The department may not
collect an administrative penalty from an
adult day services [day-care] facility under Section
103.012 if, not later than the 45th day after the date the facility
receives notice under Section 103.014(c), the facility corrects the
violation.
(c) An adult day services [day-care] facility that
corrects a violation must maintain the correction. If the facility fails
to maintain the correction until at least the first anniversary after the
date the correction was made, the department may assess and collect an
administrative penalty for the subsequent violation. An administrative
penalty assessed under this subsection is equal to three times the amount
of the original penalty assessed but not collected. The department is not
required to provide the facility with an opportunity under this section to
correct the subsequent violation.
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SECTION 17. Sections
103.014(c) and (e), Human Resources Code, are amended to read as follows:
(c) The department shall
give written notice of the report to the person charged with the violation
not later than the 10th day after the date on which the report is issued.
The notice must include:
(1) a brief summary of the
charges;
(2) a statement of the
amount of penalty recommended;
(3) a statement of whether
the violation is subject to correction under Section 103.013 and, if the
violation is subject to correction under that section, a statement of:
(A) the date on which the day activity and health services [adult day-care] facility
must file a plan of correction with the department that the department
shall review and may approve, if satisfactory; and
(B) the date on which the
plan of correction must be completed to avoid assessment of the penalty;
and
(4) a statement that the
person charged has a right to a hearing on the occurrence of the violation,
the amount of the penalty, or both.
(e) If the violation is
subject to correction under Section 103.013, the day activity and health services [adult day-care] facility shall submit a plan
of correction to the department for approval not later than the 10th day
after the date on which the notice under Subsection (c) is received.
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SECTION 17. Sections
103.014(c) and (e), Human Resources Code, are amended to read as follows:
(c) The department shall
give written notice of the report to the person charged with the violation
not later than the 10th day after the date on which the report is issued.
The notice must include:
(1) a brief summary of the
charges;
(2) a statement of the
amount of penalty recommended;
(3) a statement of whether
the violation is subject to correction under Section 103.013 and, if the
violation is subject to correction under that section, a statement of:
(A) the date on which the adult day services [day-care]
facility must file a plan of correction with the department that the
department shall review and may approve, if satisfactory; and
(B) the date on which the
plan of correction must be completed to avoid assessment of the penalty;
and
(4) a statement that the
person charged has a right to a hearing on the occurrence of the violation,
the amount of the penalty, or both.
(e) If the violation is
subject to correction under Section 103.013, the adult day services [day-care] facility shall
submit a plan of correction to the department for approval not later than
the 10th day after the date on which the notice under Subsection (c) is
received.
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SECTION 18. Section
161.151(2), Human Resources Code, is amended to read as follows:
(2) "Respite
services" means support services, including in-home services or day activity and health [adult day-care] services,
that are provided for the purpose of temporarily giving relief to a primary
caregiver who provides care to an individual with a chronic serious health
condition or disability.
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SECTION 18. Section
161.151(2), Human Resources Code, is amended to read as follows:
(2) "Respite
services" means support services, including in-home services or adult day [day-care]
services, that are provided for the purpose of temporarily giving relief to
a primary caregiver who provides care to an individual with a chronic
serious health condition or disability.
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SECTION 19. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2015.
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SECTION 19. Same as engrossed
version.
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