84R31315 KKR-D
	By: Menéndez	S.B. No. 1999
	(Coleman)
	Substitute the following for S.B. No. 1999:  No.

	A BILL TO BE ENTITLED
	AN ACT
	relating to adult day services facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	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.
	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.
	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.
	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.
	SECTION 5.  The heading to Chapter 103, Human Resources
	Code, is amended to read as follows:
	CHAPTER 103. ADULT DAY SERVICES [CARE]
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.