Bill Text: TX HB2588 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to disclosures by nursing facilities and assisted living facilities regarding certification or classification to provide specialized care, treatment, or personal care services to residents with Alzheimer's disease or related disorders and the authority of the executive commissioner of the Health and Human Services Commission to adopt rules defining those conditions; adding requirements for an occupational license.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2015-06-20 - Effective immediately [HB2588 Detail]
Download: Texas-2015-HB2588-Enrolled.html
H.B. No. 2588 |
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relating to disclosures by nursing facilities and assisted living | ||
facilities regarding certification or classification to provide | ||
specialized care, treatment, or personal care services to residents | ||
with Alzheimer's disease or related disorders and the authority of | ||
the executive commissioner of the Health and Human Services | ||
Commission to adopt rules defining those conditions; adding | ||
requirements for an occupational license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 242.040, Health and Safety Code, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) The executive commissioner by rule shall adopt a | ||
definition of "Alzheimer's disease and related disorders," and may | ||
adopt by reference a definition published in a generally accepted | ||
clinical resource for medical professionals. The executive | ||
commissioner shall modify the definition as necessary to conform to | ||
changes in medical practice. | ||
SECTION 2. Section 242.202(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The disclosure statement must contain the following | ||
categories of information: | ||
(1) the institution's philosophy of care; | ||
(2) whether the institution is certified under Section | ||
242.040 for the provision of specialized care and treatment of | ||
residents with Alzheimer's disease and related disorders; | ||
(3) the preadmission, admission, and discharge | ||
process; | ||
(4) [ |
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implementation of the care plan; | ||
(5) [ |
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resident-to-staff ratios, and staff training; | ||
(6) [ |
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institution; | ||
(7) [ |
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(8) [ |
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(9) [ |
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programs for residents; | ||
(10) [ |
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(11) [ |
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by the department for acceptance of complaints against the | ||
institution. | ||
SECTION 3. Section 247.026, Health and Safety Code, is | ||
amended by adding Subsection (c-1) to read as follows: | ||
(c-1) The executive commissioner shall require each | ||
assisted living facility to include in the facility's consumer | ||
disclosure statement whether the facility holds a license | ||
classified under Section 247.029 for the provision of personal care | ||
services to residents with Alzheimer's disease or related | ||
disorders. | ||
SECTION 4. Section 247.029, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The executive commissioner by rule shall adopt a | ||
definition of "Alzheimer's disease and related disorders," and may | ||
adopt by reference a definition published in a generally accepted | ||
clinical resource for medical professionals. The executive | ||
commissioner shall modify the definition as necessary to conform to | ||
changes in medical practice. | ||
SECTION 5. The executive commissioner of the Health and | ||
Human Services Commission, as soon as practicable after the | ||
effective date of this Act, shall adopt any necessary rules | ||
prescribing the form of the disclosures under Sections 242.202 and | ||
247.026, Health and Safety Code, as amended by this Act, and rules | ||
prescribing definitions under Sections 242.040 and 247.029, Health | ||
and Safety Code, as amended by this Act. | ||
SECTION 6. The changes in law made by Sections 242.202 and | ||
247.026, Health and Safety Code, as amended by this Act, apply only | ||
to disclosures provided on or after January 1, 2016. | ||
SECTION 7. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2588 was passed by the House on May 5, | ||
2015, by the following vote: Yeas 142, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2588 on May 28, 2015, by the following vote: Yeas 129, Nays 11, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2588 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |