HBA-DMD, MAJ H.B. 484 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 484
By: Hill
Human Services
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a nursing home owner is not required to notify the home's
residents when negotiating the sale of the property.  Recently, residents
of a North Texas nursing home failed to receive adequate food and care due
to a reduction in the home's staff while the owner of the facility
conducted negotiations for its sale.  The residents were not given advance
notice of the owner's intent to sell. H.B. 484 requires a nursing home
owner negotiating the sale of the property to notify residents 30 days
before the sale becomes final to allow residents adequate time to find
alternate services if they so desire. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 242, Health and Safety Code, by
adding Section 242.017, as follows: 

Sec. 242.017.  NOTICE FOR SALE OF INSTITUTION.  Requires the owner of an
institution (convalescent and nursing homes and related institutions) to
give written notice of the sale of the institution to each resident of the
institution, the guardian, agent, or next of kin of each resident, each
member of the staff of the institution, and the Texas Department of Human
Services.  Requires the person to send the notice by certified mail no
later than the 30th day before the sale of the institution becomes final.  

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.Emergency clause.