bill letting assisted living residents name an advocate

The text as introduced · 1,082 words

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.