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Highlights 77th Texas Legislature - Senate

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___ HEALTH AND HUMAN<br />

ERVICES/Regulatory<br />

UMAN SERVICES<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

• obtains a written statement from the resident that the resident wishes to remain in the facility or<br />

from a family member of the resident stating that the family member wishes the resident to remain<br />

in the facility if the resident lacks capacity to give the statement;<br />

• states in writing that the facility wishes for the resident to remain in the facility; and<br />

• applies for and obtains a waiver from DHS of all applicable requirements for evacuation that the<br />

facility does not meet with respect to the resident, if the facility does not meet all of the<br />

requirements.<br />

Establishes the assisted living facility trust fund with the comptroller of public accounts and requires it to be<br />

made available to DHS for expenditures without legislative appropriation to make emergency assistance<br />

funds available to a facility.<br />

Authorizes a trustee of a facility to use emergency assistance funds only to alleviate an immediate threat to<br />

the health or safety of the residents and specifies authorized uses of such funds.<br />

Requires any unencumbered amount in the fund in excess of $500,000 at the end of each fiscal year to be<br />

transferred to the credit of the general revenue fund to be appropriated only to DHS for use in enforcing the<br />

Assisted Living Facility Licensing Act<br />

Requires DHS to adopt an annual fee to be charged to a facility if the fund is less than $500,000. DHS is<br />

authorized to charge and collect the fee more than once a year only if necessary to ensure that the amount<br />

in the fund is sufficient to make required disbursements.<br />

Dental Enteral Administration of Anesthesia - S.B. 539<br />

by Senator Carona<br />

House Sponsor: Representative Gray<br />

Requires the <strong>Texas</strong> State Board of Dental Examiners (board) to establish standards for the enteral<br />

administration of anesthesia by a dentist.<br />

Authorizes the board to conduct inspections to enforce the provisions of this bill, including inspections of an<br />

office site and documents of a dentist's practice that relate to the enteral administration of anesthesia.<br />

Authorizes the board to contract with another state agency or qualified person to conduct the inspections.<br />

Providing a Lien for Emergency Hospital Care Services by Physicians - S.B. 583<br />

by Senator Duncan<br />

House Sponsor: Representative Janek<br />

Expands the existing lien for the amount of a hospital’s charges for services during the first 100 days of an<br />

injured individual's hospitalization to include the amount of a physician's reasonable and necessary charges<br />

for emergency hospital care services provided during the first seven days of the injured individual's<br />

<strong>Senate</strong> Research Center 155

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