SB1472 - Relating to assisted living facilities allowing residents to designate an advocate.

  89R12586 MCF-D     By: Hall S.B. No. 1472       A BILL TO BE ENTITLED   AN ACT   relating to assisted living facilities allowing residents to   designate an advocate.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 247.0011(b), Health and Safety Code, is   amended to read as follows:          (b)  The executive commissioner shall protect residents of   assisted living facilities by:                (1)  adopting rules relating to quality of care and   quality of life; and                (2)  adopting rules relating to the assessment of the   condition and service needs of each resident , including the   designation of an advocate for the resident .          SECTION 2.  Section 247.002, Health and Safety Code, is   amended by amending Subdivision (1) and adding Subdivision (1-a) to   read as follows:                (1)   "Advocate" means an individual who advocates on   behalf of a resident, including:                       (A)     the resident's spouse, family member,   companion, or guardian;                       (B)     the parent, legal custodian, or guardian of   a resident under 18 years of age;                       (C)     an agent the resident designates under a   durable power of attorney for health care; and                       (D)     an individual a court appoints to act as the   resident's guardian.                 (1-a)   "Assisted living facility" means an   establishment that:                      (A)  furnishes, in one or more facilities, food   and shelter to four or more persons who are unrelated to the   proprietor of the establishment;                      (B)  provides:                            (i)  personal care services; or                            (ii)  administration of medication by a   person licensed or otherwise authorized in this state to administer   the medication;                      (C)  may provide assistance with or supervision of   the administration of medication;                      (D)  may provide skilled nursing services for the   following limited purposes:                            (i)  coordination of resident care with   outside home and community support services agencies and other   health care professionals;                            (ii)  provision or delegation of personal   care services and medication administration as described by this   subdivision;                            (iii)  assessment of residents to determine   the care required; and                            (iv)  for periods of time as established by   department rule, delivery of temporary skilled nursing treatment   for a minor illness, injury, or emergency; and                      (E)  may provide health maintenance activities as   defined by rule by the Texas Board of Nursing.          SECTION 3.  Section 247.021(d), Health and Safety Code, is   amended to read as follows:          (d)  The executive commissioner by rule shall establish   procedures to issue a six-month provisional license to existing   facilities with residents. The department may issue a provisional   license if:                (1)  the facility is in compliance with resident care   standards;                (2)  the facility voluntarily discloses that the   facility needs additional time to comply with life safety code and   physical plant standards;                (3)  the disclosure is made in writing by certified   mail to the department;                (4)  an investigation of the violation was not   initiated and the violation was not independently detected by the   department; [ and ]                (5)  the disclosure is made promptly after knowledge of   the information disclosed is obtained by the facility ; and                 (6)     the facility adopts advocate policies and   procedures in accordance with Section 247.073 and rules adopted   under that section .          SECTION 4.  Section 247.064(b), Health and Safety Code, is   amended to read as follows:          (b)  The residents' bill of rights must provide that each   resident in the assisted living facility has the right to:                (1)  manage the resident's financial affairs;                (2)  determine the resident's dress, hair style, or   other personal effects according to individual preference, except   that the resident has the responsibility to maintain personal   hygiene;                (3)  retain and use personal property in the resident's   immediate living quarters and to have an individual locked cabinet   in which to keep personal property;                (4)  receive and send unopened mail;                (5)  unaccompanied access to a telephone at a   reasonable hour or in case of an emergency or personal crisis;                (6)  privacy;                (7)  unrestricted communication, including personal   visitation with any person of the resident's choice, at any   reasonable hour, including family members and representatives of   advocacy groups and community service organizations;                (8)  make contacts with the community and to achieve   the highest level of independence, autonomy, and interaction with   the community of which the resident is capable;                (9)  present grievances on behalf of the resident or   others to the operator, state agencies, or other persons without   threat of reprisal in any manner;                (10)  a safe and decent living environment and   considerate and respectful care that recognizes the dignity and   individuality of the resident;                (11)  refuse to perform services for the facility,   except as contracted for by the resident and operator;                (12)  practice the religion of the resident's choice;                (13)  leave the facility temporarily or permanently,   subject to contractual or financial obligations; [ and ]                (14)  not be deprived of any constitutional, civil, or   legal right solely by reason of residence in an assisted living   facility ; and                 (15)     designate an advocate in accordance with Section   247.073 and rules adopted under that section .          SECTION 5.  Subchapter D, Chapter 247, Health and Safety   Code, is amended by adding Section 247.073 to read as follows:           Sec.   247.073.     ADVOCATE DESIGNATION POLICIES AND   PROCEDURES. (a)   The executive commissioner by rule shall require   each assisted living facility to develop and implement policies   providing each resident an opportunity to designate an advocate for   whom the facility will provide meaningful in-person access to the   resident, specifically during the resident's final days of life,   regardless of any declared public health disaster or emergency   restricting in-person visitation.           (b)     The policies and procedures described by Subsection (a)   may not:                 (1)     require or coerce a resident to waive the   resident's rights under this section;                 (2)     require the resident's visits with the designated   advocate to be virtual; or                 (3)     authorize an individual to serve as an advocate   for a resident if a court found the individual abused the resident   or the facility determines the individual poses a serious risk to   the resident.           (c)     The facility shall provide and explain the policies and   procedures described by Subsection (a) to each resident:                 (1)  during the facility's admission process; and                 (2)     before the facility implements any changes to the   policy.          SECTION 6.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules as necessary to implement   Section 247.073, Health and Safety Code, as added by this Act.          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, 2025.