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AN ACT
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relating to disclosure requirements of certain facilities that |
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provide care for persons with Alzheimer's disease and related |
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disorders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.0405 to read as follows: |
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Sec. 242.0405. NOTICE OF ALZHEIMER'S DISEASE AND RELATED |
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DISORDERS CERTIFICATION. (a) A nursing facility advertising, |
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marketing, or otherwise promoting that the facility provides memory |
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care services shall prepare a written notice disclosing whether the |
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facility is certified or is not certified under Section 242.040 to |
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provide specialized care and treatment for facility residents with |
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Alzheimer's disease and related disorders. |
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(b) The nursing facility shall provide the notice described |
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by Subsection (a) to: |
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(1) each facility resident; and |
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(2) each person applying for services from the |
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facility or the person's next of kin or guardian. |
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(c) A nursing facility that provides the notice required |
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under Subsection (a) is not required to include the information |
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described by Section 242.202(d)(2) in a disclosure statement |
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provided under that section. |
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SECTION 2. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0295 to read as follows: |
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Sec. 247.0295. NOTICE OF ALZHEIMER'S DISEASE OR RELATED |
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DISORDERS LICENSE CLASSIFICATION. (a) An assisted living facility |
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advertising, marketing, or otherwise promoting that the facility |
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provides memory care services shall provide to each facility |
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resident written notice disclosing whether the facility holds a |
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license or does not hold a license classified under Section 247.029 |
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to provide personal care services to residents with Alzheimer's |
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disease or related disorders. |
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(b) An assisted living facility that provides the notice |
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required under Subsection (a) is not required under Section |
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247.026(c-1) to include in the facility's consumer disclosure |
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statement information on whether the facility holds a license |
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classified under Section 247.029 to provide personal care services |
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to residents with Alzheimer's disease or related disorders. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement Sections |
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242.0405 and 247.0295, Health and Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 383 passed the Senate on |
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March 29, 2021, by the following vote: Yeas 30, Nays 1; |
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May 25, 2021, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 27, 2021, House |
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granted request of the Senate; May 29, 2021, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 383 passed the House, with |
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amendments, on May 18, 2021, by the following vote: Yeas 100, |
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Nays 44, one present not voting; May 27, 2021, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 30, 2021, House adopted Conference Committee Report by the |
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following vote: Yeas 111, Nays 32, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |