HBA-DMD H.B. 691 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 691 By: Wohlgemuth Human Services 4/6/1999 Introduced BACKGROUND AND PURPOSE Currently, assisted living facilities are required to place their vendor or license number on all promotional material. However, since this vendor number changes every year, facility operators must change their advertisements every year as well. H.B. 691 requires an assisted living facility to use its license number or a state-issued facility identification number in all advertisements, solicitations, and promotional materials. This bill requires the Texas Department of Human Services (department) to establish an inspection checklist based on minimum standards that describe the matters subject to inspection. It requires the inspector to perform an exit conference at the conclusion of an inspection to advise the assisted living facility of the findings resulting from the inspection. This bill also requires an employee to report abuse, neglect, or exploitation of a resident to the department when the employee has reasonable cause to believe that a resident has suffered the same. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Board of Human Services is modified in SECTION 7 (Sections 247.025 and 247.026, Health and Safety Code) and in SECTION 10 (Section 247.029, Health and Safety Code); the Texas Board of Human Services, the Department of Protective and Regulatory Services, and the attorney general in SECTION 16 (Section 247.046); and the Texas Department of Human Services and the attorney general in SECTION 19 (Section 247.062) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading of Chapter 247, Health and Safety Code, as follows: CHAPTER 247. New Title: ASSISTED LIVING FACILITIES. SECTION 2. Amends Sections 247.001, 247.002, 247.003, and 247.004, Health and Safety Code, as follows: Sec. 247.001. SHORT TITLE. Authorizes this chapter to be cited as the Assisted Living Facility Licensing Act, rather than the Personal Care Facility Licensing Act. Sec. 247.002. DEFINITIONS. Defines "assisted living facility," "assisted living services," "board," "department," and "qualified religious society." Deletes the definitions for "personal care facility" and "personal care services." Creates new text for Subdivisions (1) and (2). Creates Subdivision (3) from existing text. Redesignates Subdivision (2) to (4). Sec. 247.003. APPLICATION OF OTHER LAW. Makes conforming changes. Sec. 247.004. EXEMPTIONS. Makes conforming changes. SECTION 3. Amends Section 247.021(a), Health and Safety Code, to make a conforming change. SECTION 4. Amends Sections 247.022(a) and (c), Health and Safety Code, to make conforming changes. SECTION 5. Amends Section 247.023(a), Health and Safety Code, to make a conforming change. SECTION 6. Amends Sections 247.024(a) and (c), Health and Safety Code, to make conforming changes. SECTION 7. Amends Sections 247.025, 247.026, and 247.027, Health and Safety Code, as follows: Sec. 247.025. ADOPTION OF RULES. Makes a conforming change. Sec. 247.026. STANDARDS. Provides that certain minimum standards regarding assisted living facility residents, as prescribed by the board by rule, must require an assisted living facility to use its license number or a state-issued facility identification number in all advertisements, solicitations, and promotional materials. Sec. 247.027. INSPECTIONS. Requires the Texas Department of Human Services (department) to establish an inspection checklist based on the minimum standards that describes the matters subject to inspection. Requires the department to use the inspection checklist when conducting inspections under this section and Section 247.023(a). Makes a conforming change. SECTION 8. Amends Subchapter B, Chapter 247, Health and Safety Code, by adding Section 247.0275, as follows: Sec. 247.0275. INSPECTION EXIT CONFERENCE. (a) Requires the inspector to perform an exit conference at the conclusion of an inspection to advise the assisted living facility of the findings resulting from the inspection. (b) Requires the inspector, at the exit conference, to provide a copy of the inspection checklist to the assisted living facility and to list each violation that was discovered during the inspection, with specific reference to the standard that was violated. (c) Requires the inspector to conduct an additional exit conference regarding the newly identified violations, if there are additional violations cited after the initial exit conference. (d) Requires the assisted living facility to submit an acceptable plan of correction to the regional director who has supervisory authority over the inspector, not later than 10 days after the completion date of the final exit conference. SECTION 9. Amends Section 247.028, Health and Safety Code, to make conforming changes. SECTION 10. Amends Section 247.029, Health and Safety Code, as added by Chapter 444, Acts of the 75th Legislature, Regular Session, 1997, to make conforming changes. SECTION 11. Amends Section 247.029, Health and Safety Code, as added by Chapter 1088, Acts of the 75th Legislature, Regular Session, 1997, to be renumbered as Section 247.030, Health and Safety Code. Makes a conforming change. SECTION 12. Amends Section 247.042, Health and Safety Code, to specify that the order suspending an assisted living facility license is effective immediately on written hand-delivered notice to the license holder or on the date specified in the order. Makes conforming changes. SECTION 13. Amends Section 247.043, Health and Safety Code, by amending Subsection (a) to make a conforming change and by adding Subsection (c) to require an employee to report abuse, neglect, or exploitation of a resident to the department when the employee has reasonable cause to believe that a resident has suffered the same. Requires the employee to follow the facility's internal policies regarding abuse, neglect, or exploitation. SECTION 14. Amends Sections 247.044(a), (b), and (e), Health and Safety Code, to make conforming changes. SECTION 15. Amends and reenacts Section 247.045, Health and Safety Code, as amended by Chapters 416 and 1088, Acts of the 75th Legislature, Regular Session, 1997, to include Subsection (c), as added by Chapter 416, Section 4, Acts of the 75th Legislature, 1997, as an exception to the penalty a person is subjected to after a violation of this chapter or a failure to comply with a rule adopted under this chapter. Deletes text of Subsection (c), as added by Chapter 1088, Section 4, Acts of the 75th Legislature, 1997. Redesignates text of Subsection (c) as added by Chapter 1088, Section 4, Acts of the 75th Legislature, 1997, to Subsection (d). Redesignates Subsections (d)-(f) to (e)-(g). Makes conforming and nonsubstantive changes. SECTION 16. Amends Section 247.046, Health and Safety Code, as added by Chapter 349, Acts of the 72nd Legislature, Regular Session, 1991, to make conforming changes. SECTION 17. Amends Sections 247.051(a), (b), and (d), Health and Safety Code, to make conforming changes. SECTION 18. Amends Section 247.061, Health and Safety Code, as follows: Sec. 247.061. New Title: PILOT PROGRAM: OFFICE OF ASSISTED LIVING FACILITY OMBUDSMAN. Deletes "Personal Care" from the existing title. Makes a conforming change. SECTION 19. Amends Section 247.062(a), Health and Safety Code, to make conforming changes. SECTION 20. Amends Section 247.063, Health and Safety Code, as follows: Sec. 247.063. New Title: DIRECTORY OF ASSISTED LIVING FACILITIES; CONSUMERS' GUIDE. Deletes "Personal Care" from the existing title. Makes conforming changes. SECTION 21. Amends Section 247.064, Health and Safety Code, to make conforming changes. SECTION 22. Amends Sections 247.065(a) and (b), Health and Safety Code, to make conforming changes. SECTION 23. Amends Section 247.066, Health and Safety Code, to make conforming changes. SECTION 24. Repealer: Section 247.046, Health and Safety Code, as amended by Chapter 14 and renumbered by Chapter 637, Acts of the 72nd Legislature, Regular Session, 1991 (regarding temporary permits for personal care facilities licensed on or before December 31, 1990). SECTION 25. Establishes that the change made by this Act in renaming a personal care facility as an assisted living facility does not affect the validity of a license issued or an act performed under that chapter before the effective date of this Act. SECTION 26. Establishes that the change in name made by this Act to the Advisory Committee on Personal Care Facilities does not affect the ability of a member serving on the committee before the effective date of this Act to continue to serve on the committee. SECTION 27. Sets forth that a reference in law to a personal care facility refers to an assisted living facility, as defined by Section 247.002, Health and Safety Code, as amended by this Act. SECTION 28. Effective date: September 1, 1999. SECTION 29. Emergency clause.