Bill Text: TX HB2873 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the room placement of individuals with Alzheimer's disease or dementia in health care facilities and correctional facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB2873 Detail]
Download: Texas-2019-HB2873-Introduced.html
| 86R10878 SCL-D | ||
| By: Davis of Dallas | H.B. No. 2873 | |
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| relating to the room placement of individuals with Alzheimer's | ||
| disease or dementia in health care facilities and correctional | ||
| facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 222, Health and Safety Code, is amended | ||
| by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. REGULATION OF HEALTH CARE FACILITIES SERVICING | ||
| RESIDENTS WITH ALZHEIMER'S DISEASE OR DEMENTIA | ||
| Sec. 222.101. DEFINITIONS. In this subchapter: | ||
| (1) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (2) "Executive commissioner" means the executive | ||
| commissioner of the commission. | ||
| (3) "Health care facility" means a health care | ||
| facility licensed by the commission. | ||
| (4) "Resident" means an individual who resides in a | ||
| health care facility. | ||
| Sec. 222.102. PLACEMENT OF CERTAIN RESIDENTS. The | ||
| executive commissioner by rule shall prohibit a health care | ||
| facility from requiring a resident with Alzheimer's disease or | ||
| dementia to reside in the same room as a resident with mental | ||
| illness and a history of violence. | ||
| Sec. 222.103. DISCIPLINARY ACTION. A health care facility | ||
| that violates this subchapter or a rule adopted under this | ||
| subchapter is subject to disciplinary action by the commission as | ||
| if the facility violated an applicable licensing law. | ||
| SECTION 2. Chapter 493, Government Code, is amended by | ||
| adding Section 493.032 to read as follows: | ||
| Sec. 493.032. PLACEMENT OF PERSONS WITH ALZHEIMER'S DISEASE | ||
| OR DEMENTIA. The department shall ensure that a person with | ||
| Alzheimer's disease or dementia who is in the custody of a jail or | ||
| other correctional facility operated by or under contract with the | ||
| department does not reside in the same room with an individual with | ||
| mental illness and a history of violence. | ||
| SECTION 3. Chapter 511, Government Code, is amended by | ||
| adding Section 511.022 to read as follows: | ||
| Sec. 511.022. PLACEMENT OF INMATES WITH ALZHEIMER'S DISEASE | ||
| OR DEMENTIA. The commission shall adopt rules prohibiting a | ||
| correctional facility from requiring an inmate with Alzheimer's | ||
| disease or dementia to reside in the same room as an inmate with | ||
| mental illness and a history of violence. | ||
| SECTION 4. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission and the Commission on Jail Standards shall | ||
| adopt rules necessary to implement the changes in law made by this | ||
| Act. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
