Highlights 77th Texas Legislature - Senate

___ HEALTH AND HUMAN
ERVICES/Regulatory
UMAN SERVICES
77 th Texas Legislature
Requires MHMR, no later than March 1, 2002, to implement a community living options information process
in each institution to inform residents with mental retardation and their legally authorized representatives of
alternative community living options. If a resident with mental retardation indicates a desire to pursue an
alternative community living option, MHMR is required to refer the resident or resident's representative to
the local mental retardation authority who is required to place the resident in an alternative community living
option, subject to the availability of funds, or on a waiting list.
Requires the Texas Department of Human Services (DHS) in cooperation with MHMR and DPRS to
develop and implement a pilot program no later than December 1, 2002, in at least three sites (one site in a
rural area, one in an urban area, and one in a mixed urban and rural area). DHS is required to consider the
length of waiting lists for community-based services and support and give preference to areas with the
longest waiting lists when choosing the sites.
Requires HHSC to coordinate with DHS, the Texas Department of Housing and Community Affairs
(TDHCA), and MHMR to develop a housing assistance program (program) to assist persons with
disabilities in transferring from an institution to an integrated housing setting. Subject to availability of funds,
HHSC shall require DHS to implement and administer the program.
Taking Regulatory Action Against Assisted Living Facilities - S.B. 527
by Senator Moncrief
House Sponsor: Representative Naishtat
Enforcement remedies in state law provide questionable protection of residents in assisted living facilities.
Under current law, the state must choose between closing down a facility at the inconvenience of its
residents or letting the facility continue to operate without any enforcement action. Also, the 76th Texas
Legislature increased the nursing home trust fund from $500,000 to $10 million by increasing the fees
nursing homes and assisted living facilities must pay into the nursing home trust fund.
Establishes procedures for assessing and determining violations and penalties for assisted living facilities,
provides for an amelioration process, and establishes a separate assisted living facility trust fund.
Authorizes DHS to deny, revoke, or suspend a facility’s license when that facility has failed to comply with
federal and state laws, rules, and standards concerning assisted living facilities.
Authorizes, rather than requires, DHS to suspend the license or order immediate closing of all or part of the
facility if DHS finds a violation that creates an immediate threat to the health and safety of a resident.
Authorizes DHS to assess an administrative penalty of no more than $1000 per violation against a person
who:
• violates the Assisted Living Facility Licensing Act or a related rule, standard, order, or term of a
license;
Senate Research Center 153