85R24953 LED-D
 
  By: Davis of Dallas, Rose H.B. No. 2025
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to staffing requirements for certain facilities that
  provide care to persons with Alzheimer's disease or related
  disorders; authorizing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 242.0665(b), Health and Safety Code, is
  amended to read as follows:
         (b)  Subsection (a) does not apply:
               (1)  to a violation that the department determines:
                     (A)  results in serious harm to or death of a
  resident;
                     (B)  constitutes a serious threat to the health or
  safety of a resident; or
                     (C)  substantially limits the institution's
  capacity to provide care;
               (2)  to a violation described by Sections
  242.066(a)(2)-(7);
               (3)  to a violation of Section 260A.014 or 260A.015;
  [or]
               (4)  to a violation of a right of a resident adopted
  under Subchapter L; or
               (5)  to a second or subsequent violation of Section
  326.002 that occurs before the second anniversary of the date of the
  first violation.
         SECTION 2.  Section 247.0452(b), Health and Safety Code, is
  amended to read as follows:
         (b)  Subsection (a) does not apply:
               (1)  to a violation that the department determines
  results in serious harm to or death of a resident;
               (2)  to a violation described by Sections
  247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
               (3)  to a second or subsequent violation of:
                     (A)  a right of the same resident under Section
  247.064; or
                     (B)  the same right of all residents under Section
  247.064; [or]
               (4)  to a violation described by Section 247.066, which
  contains its own right to correct provisions; or
               (5)  to a second or subsequent violation of Section
  326.002 that occurs before the second anniversary of the date of the
  first violation.
         SECTION 3.  Subtitle G, Title 4, Health and Safety Code, is
  amended by adding Chapter 326 to read as follows:
  CHAPTER 326. STAFFING REQUIREMENTS FOR FACILITIES PROVIDING CARE TO
  PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DISORDERS
         Sec. 326.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Facility" means:
                     (A)  a nursing facility licensed under Chapter
  242;
                     (B)  a continuing care facility regulated under
  Chapter 246;
                     (C)  an assisted living facility licensed under
  Chapter 247;
                     (D)  a day activity and health services facility
  licensed under Chapter 103, Human Resources Code; 
                     (E)  an establishment subject to Chapter 105,
  Human Resources Code;
                     (F)  a community home qualified under Chapter 123,
  Human Resources Code; and
                     (G)  an adult foster care provider that contracts
  with the commission.
         Sec. 326.002.  WRITTEN POLICY REQUIRED. A facility shall
  adopt, implement, and enforce a written policy that:
               (1)  requires a facility employee who provides direct
  care to a person with Alzheimer's disease or a related disorder to
  successfully complete training in the provision of care to persons
  with Alzheimer's disease and related disorders; and
               (2)  ensures the care and services provided by a
  facility employee to a person with Alzheimer's disease or a related
  disorder meet the specific identified needs of the person relating
  to the person's diagnosis of Alzheimer's disease or a related
  disorder.
         Sec. 326.003.  ENFORCEMENT. (a) The commission may assess
  an administrative penalty against a facility for a violation of
  Section 326.002. 
         (b)  The commission is not required to provide a facility an
  opportunity to correct a second or subsequent violation of Section
  326.002 that occurs before the second anniversary of the date of the
  first violation.
         (c)  A violation of Section 326.002 constitutes a violation
  of the law regulating a facility, and the commission may initiate
  for the violation any other enforcement action authorized by that
  law against the facility, including an adult foster care facility
  with three or fewer beds.
         Sec. 326.004.  RULES. The executive commissioner shall
  adopt rules related to the administration and implementation of
  this chapter.
         SECTION 4.  Section 103.013(b), Human Resources Code, is
  amended to read as follows:
         (b)  Subsection (a) does not apply to:
               (1)  a violation that the department determines:
                     (A)  results in serious harm to or death of a
  person attending the facility;
                     (B)  constitutes a serious threat to the health
  and safety of a person attending the facility; or
                     (C)  substantially limits the facility's capacity
  to provide care;
               (2)  a violation described by Sections
  103.012(a)(2)-(7); [or]
               (3)  a violation of Section 103.011; or
               (4)  a second or subsequent violation of Section
  326.002 that occurs before the second anniversary of the date of the
  first violation.
         SECTION 5.  Chapter 326, Health and Safety Code, as added by
  this Act, does not affect the terms of a contract entered into
  before the effective date of this Act, except that if the contract
  is renewed, modified, or extended on or after the effective date of
  this Act, Chapter 326 applies to the contract beginning on the date
  of renewal, modification, or extension.
         SECTION 6.  This Act takes effect September 1, 2017.