HB2375 - Relating to a state plan and requirements for nursing facilities that provide care and treatment for persons with Alzheimer's disease and related disorders.

  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.