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AN ACT
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relating to disclosures by nursing facilities and assisted living |
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facilities regarding certification or classification to provide |
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specialized care, treatment, or personal care services to residents |
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with Alzheimer's disease or related disorders and the authority of |
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the executive commissioner of the Health and Human Services |
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Commission to adopt rules defining those conditions; adding |
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requirements for an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.040, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) The executive commissioner by rule shall adopt a |
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definition of "Alzheimer's disease and related disorders," and may |
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adopt by reference a definition published in a generally accepted |
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clinical resource for medical professionals. The executive |
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commissioner shall modify the definition as necessary to conform to |
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changes in medical practice. |
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SECTION 2. Section 242.202(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The disclosure statement must contain the following |
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categories of information: |
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(1) the institution's philosophy of care; |
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(2) whether the institution is certified under Section |
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242.040 for the provision of specialized care and treatment of |
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residents with Alzheimer's disease and related disorders; |
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(3) the preadmission, admission, and discharge |
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process; |
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(4) [(3)] resident assessment, care planning, and |
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implementation of the care plan; |
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(5) [(4)] staffing patterns, such as |
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resident-to-staff ratios, and staff training; |
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(6) [(5)] the physical environment of the |
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institution; |
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(7) [(6)] resident activities; |
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(8) [(7)] program costs; |
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(9) [(8)] systems for evaluation of the institution's |
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programs for residents; |
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(10) [(9)] family involvement in resident care; and |
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(11) [(10)] the toll-free telephone number maintained |
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by the department for acceptance of complaints against the |
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institution. |
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SECTION 3. Section 247.026, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) The executive commissioner shall require each |
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assisted living facility to include in the facility's consumer |
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disclosure statement whether the facility holds a license |
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classified under Section 247.029 for the provision of personal care |
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services to residents with Alzheimer's disease or related |
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disorders. |
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SECTION 4. Section 247.029, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The executive commissioner by rule shall adopt a |
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definition of "Alzheimer's disease and related disorders," and may |
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adopt by reference a definition published in a generally accepted |
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clinical resource for medical professionals. The executive |
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commissioner shall modify the definition as necessary to conform to |
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changes in medical practice. |
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SECTION 5. The executive commissioner of the Health and |
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Human Services Commission, as soon as practicable after the |
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effective date of this Act, shall adopt any necessary rules |
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prescribing the form of the disclosures under Sections 242.202 and |
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247.026, Health and Safety Code, as amended by this Act, and rules |
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prescribing definitions under Sections 242.040 and 247.029, Health |
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and Safety Code, as amended by this Act. |
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SECTION 6. The changes in law made by Sections 242.202 and |
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247.026, Health and Safety Code, as amended by this Act, apply only |
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to disclosures provided on or after January 1, 2016. |
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SECTION 7. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2588 was passed by the House on May 5, |
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2015, by the following vote: Yeas 142, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2588 on May 28, 2015, by the following vote: Yeas 129, Nays 11, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2588 was passed by the Senate, with |
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amendments, on May 26, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |