Campos Alzheimer’s Care Bill Gives Existing Nursing Facilities Until 2035

The text as introduced · 1,171 words

89R10004 KRM-F

By: Campos
H.B. No. 2375

A BILL TO BE ENTITLED

AN ACT

relating to a state plan and requirements for nursing facilities

that provide care and treatment for persons with Alzheimer's

disease and related disorders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 242.040, Health and

Safety Code, is amended to read as follows:

Sec. 242.040. CERTIFICATION OF NURSING FACILITIES

[ INSTITUTIONS ] THAT PROVIDE CARE AND TREATMENT FOR PERSONS WITH

ALZHEIMER'S DISEASE AND RELATED DISORDERS.

SECTION 2. Section 242.040, Health and Safety Code, is

amended by amending Subsections (a), (b), (c), (e), and (f) and

adding Subsections (b-1), (b-2), and (b-3) to read as follows:

(a) The commission [ department ] shall establish a system

for certifying nursing facilities [ institutions ] that meet

standards adopted by the executive commissioner concerning the

specialized care and treatment of persons with Alzheimer's disease

and related disorders. The commission may periodically modify the

system and standards as the executive commissioner determines

appropriate.

(b) A nursing facility may [ An institution is ] not [ required

to be certified under this section in order to ] provide care and

treatment for [ of ] persons with Alzheimer's disease and related

disorders unless the facility holds a certification issued under

this section .

(b-1) Notwithstanding Subsection (b) and subject to

Subsection (b-2), a nursing facility is not required to hold a

certification issued under this section to provide care and

treatment for persons with Alzheimer's disease and related

disorders before January 1, 2035.

(b-2) A nursing facility initially licensed under this

chapter on or after January 1, 2027, must hold a certification

issued under this section to provide care and treatment for persons

with Alzheimer's disease and related disorders.

(b-3) Subsections (b-1) and (b-2) and this subsection

expire September 1, 2037.

(c) The executive commissioner by rule shall [ may ] adopt

standards for the specialized care and treatment of persons with

Alzheimer's disease and related disorders and provide procedures

for nursing facilities [ institutions ] applying for certification

under this section. The rules must provide for a three-year

certification period.

(e) A nursing facility [ An institution ] may not advertise or

otherwise communicate that the facility holds a certification

issued under this section [ institution is certified by the

department ] to provide specialized care or treatment for persons

with Alzheimer's disease or related disorders unless the facility

holds that certification [ institution is certified under this

section ].

(f) The executive commissioner by rule shall adopt a system

under which an appropriate number of certifications issued by the

commission [ department ] expire on staggered dates occurring in each

three-year period. If the expiration date of a certification

changes as a result of this subsection, the commission [ department ]

shall prorate the certification fee relating to that certification

as appropriate. To the extent possible, the system must align the

expiration date for a nursing facility's certification under this

section with the expiration date for the facility's license under

this chapter.

SECTION 3. Subchapter B, Chapter 242, Health and Safety

Code, is amended by adding Section 242.0406 to read as follows:

Sec. 242.0406. STATE PLAN FOR CERTIFICATION OF NURSING

FACILITIES PROVIDING CARE AND TREATMENT FOR PERSONS WITH

ALZHEIMER'S DISEASE AND RELATED DISORDERS. (a) The commission

shall develop a state plan to certify under Section 242.040 each

nursing facility licensed under this chapter that provides care and

treatment for persons with Alzheimer's disease and related

disorders by January 1, 2035. The executive commissioner must

approve the state plan and shall adopt rules for implementing the

approved state plan.

(b) In developing the state plan, the commission shall:

(1) conduct a study on certifying under Section

242.040 each nursing facility licensed under this chapter that

provides care and treatment for persons with Alzheimer's disease

and related disorders by January 1, 2035; and

(2) determine and consider in implementing the state

plan the:

(A) costs and challenges;

(B) legal and technical issues; and

(C) scheduling factors and time considerations.

(c) The state plan must require that:

(1) at least 10 percent of the total number of nursing

facilities licensed under this chapter that provide care and

treatment for persons with Alzheimer's disease and related

disorders hold a certification issued under Section 242.040 by

January 1, 2027;

(2) at least 25 percent of the total number of nursing

facilities licensed under this chapter that provide care and

treatment for persons with Alzheimer's disease and related

disorders hold a certification issued under Section 242.040 by

January 1, 2029;

(3) at least 50 percent of the total number of nursing

facilities licensed under this chapter that provide care and

treatment for persons with Alzheimer's disease and related

disorders hold a certification issued under Section 242.040 by

January 1, 2031;

(4) at least 75 percent of the total number of nursing

facilities licensed under this chapter that provide care and

treatment for persons with Alzheimer's disease and related

disorders hold a certification issued under Section 242.040 by

January 1, 2033; and

(5) each nursing facility licensed under this chapter

that provides care and treatment for persons with Alzheimer's

disease and related disorders hold a certification issued under

Section 242.040 by January 1, 2035.

(d) The state plan in accordance with the public purpose of

improving the provision of health care to the public may provide for

reimbursement to nursing facilities licensed under this chapter

that provide care and treatment for persons with Alzheimer's

disease and related disorders and that hold a certification issued

under Section 242.040 in amounts based on the following schedule:

(1) for a nursing facility certified by January 1,

2027, the state plan may reimburse the facility for 100 percent of

the certification costs;

(2) for a nursing facility certified by January 1,

2029, the state plan may reimburse the facility in an amount not to

exceed 75 percent of the certification costs;

(3) for a nursing facility certified by January 1,

2031, the state plan may reimburse the facility in an amount not to

exceed 50 percent of the certification costs; and

(4) for a nursing facility certified by January 1,

2033, the state plan may reimburse the facility in an amount not to

exceed 25 percent of the certification costs.

(e) The commission may use existing resources and solicit

and accept gifts, grants, and donations from any source to

implement the state plan.

(f) This section expires September 1, 2037.

SECTION 4. Not later than September 1, 2026, the Health and

Human Services Commission shall develop, and the executive

commissioner of the commission shall approve and adopt, rules for

implementing the state plan required by Section 242.0406, Health

and Safety Code, as added by this Act.

SECTION 5. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules necessary to implement

the changes in law made by this Act.

SECTION 6. This Act takes effect September 1, 2025.