HB2928 - Relating to the regulation of referral agencies for assisted living facilities; providing a civil penalty.

  89R10003 JTZ-D     By: Campos H.B. No. 2928       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of referral agencies for assisted living   facilities; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 247, Health and Safety Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. REFERRAL AGENCIES           Sec. 247.151.  DEFINITIONS. In this subchapter:                 (1)     "Client" means an individual seeking assistance   with entering into an arrangement with an assisted living facility   through a referral agency.                 (2)     "Referral agency" means a person who for   compensation provides client referral services to individuals or   assisted living facilities.           Sec.   247.152.     DISCLOSURE REQUIRED. (a)   A referral agency   shall provide a written disclosure statement to each client before   referring the client to an assisted living facility. A referral   agency that only provides information to an individual is not   required to provide the statement to the individual.           (b)     The disclosure statement must contain the following   information:                 (1)     the name, address, and telephone number of the   referral agency;                 (2)     the services the referral agency provides to the   client;                 (3)     the fee amount the referral agency charges to the   client;                 (4)     the fee amount the referral agency charges to the   referred assisted living facility;                 (5)     the date of the most recent visit by referral   agency personnel to the referred assisted living facility;                 (6)     a statement on whether the referral agency or its   personnel have an ownership interest in the referred assisted   living facility;                 (7)     a statement acknowledging the client may cease   using the services of the referral agency without the agency   assessing a penalty or cancellation fee against the client;                   (8)     a statement that the client is not required to   enter into an agreement with the referred assisted living facility;   and                 (9)     lines for the client's name and the date on which   the referral agency provided the disclosure statement to the   client.           Sec.   247.153.     INTAKE FORM. (a)   A referral agency shall   complete a standardized intake form for each client before   referring the client to an assisted living facility. A referral   agency that only provides information to an individual is not   required to complete the intake form for the individual.           (b)     The executive commissioner by rule shall prescribe a   standardized intake form for use under this section.           (c)     The intake form must ask a client to provide the   following information regarding the client:                 (1)     recent medical history relevant to the referral   process;                 (2)     known medications and medication management   needs;                 (3)     known medical diagnoses, health concerns, and   reasons for seeking a referral to an assisted living facility;                 (4)     behaviors or symptoms that may cause concern or   require special care;                 (5)     any mental illness, dementia, or developmental   disability diagnosis;                 (6)     daily living assistance needs, activity   preferences, and sleeping habits;                 (7)     particular cultural or language access needs and   accommodations;                 (8)  geographic location preferences;                 (9)  any special dietary needs and food preferences;                 (10)  a description of the client's daily routine; and                 (11)     basic financial information and any available   long-term care insurance or financial assistance, including   Medicaid, that may be helpful in defining assisted living facility   options for the client.           Sec.   247.154.     GENERAL FACILITY INFORMATION. (a)   Before   referring a client to an assisted living facility, a referral   agency shall consult with a representative of the facility and   obtain the following general information:                 (1)  the type and number of the facility's license;                 (2)     whether the facility's license authorizes the   facility to provide care to individuals with a mental illness,   dementia, or a developmental disability;                 (3)     sources of payment the facility accepts, including   whether the facility accepts Medicaid;                 (4)     general level of medication management services   the facility provides;                 (5)     general level and types of personal care services   the facility provides;                 (6)     particular cultural needs the facility   accommodates or may accommodate;                 (7)     primary and secondary languages spoken by the   facility's care providers;                 (8)  activities the facility typically provides;                 (9)     client behavioral problems or symptoms the   facility is or is not equipped to address;                 (10)     food preferences and special dietary needs the   facility accommodates or may accommodate; and                 (11)  other available special care or services.           (b)     A referral agency at least annually shall consult with   and obtain from an assisted living facility the information   required under Subsection (a).           Sec.   247.155.     FACILITY VIOLATION STATUS. (a) Before   referring a client to an assisted living facility, a referral   agency shall conduct a search of the commission's Internet website   and inform the client in writing whether the assisted living   facility is listed on the website for a violation of licensing   requirements.           (b)     A referral agency must conduct the search described by   Subsection (a) not earlier than 30 days before the date the agency   provides the information to the client.           Sec.   247.156.     REFERRAL OF CLIENT TO ASSISTED LIVING   FACILITY. To the extent practicable, a referral agency shall refer   a client to an assisted living facility that appears, in the best   judgment of the agency, to meet the client's identified needs.           Sec.   247.157.     CIVIL PENALTY. (a) At the request of the   commission, the attorney general shall bring an action to collect a   civil penalty from a referral agency that violates this subchapter.           (b)     The civil penalty may not exceed $1,000 for each   violation. Each day of a continuing violation constitutes a   separate violation.           Sec.   247.158.     RULES. The executive commissioner shall   adopt rules necessary to implement this subchapter.          SECTION 2.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement   Subchapter F, Chapter 247, Health and Safety Code, as added by this   Act.          SECTION 3.  This Act takes effect September 1, 2025.