88R7532 MPF-F
	By: Campos	H.B. No. 1865

	A BILL TO BE ENTITLED
	AN ACT
	relating to the requirements for certain institutions and
	facilities that provide care and services to 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 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 institutions that meet standards adopted by the
	executive commissioner concerning the specialized care and
	treatment of persons with Alzheimer's disease and related
	disorders.
	(b)  An institution may [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
	institution holds a certification issued under this section.
	(b-1)  Notwithstanding Subsection (b) and subject to
	Subsection (b-2), an institution 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, 2028.
	(b-2)  An institution that is initially licensed under this
	chapter on or after January 1, 2025, 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, 2030.
	(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 institutions applying for certification under this section.
	The rules must provide for a three-year certification period.
	(e)  An institution may not advertise or otherwise
	communicate that the institution is certified by the commission
	[department] to provide specialized care or treatment for persons
	with Alzheimer's disease or related disorders unless the
	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.
	SECTION 3.  The heading to Section 247.029, Health and
	Safety Code, is amended to read as follows:
	Sec. 247.029.  CLASSIFICATION OF FACILITIES THAT PROVIDE
	PERSONAL CARE SERVICES TO [FOR] PERSONS WITH ALZHEIMER'S DISEASE OR
	RELATED DISORDERS.
	SECTION 4.  Section 247.029, Health and Safety Code, is
	amended by amending Subsection (a) and adding Subsections (a-1),
	(a-2), and (a-3) to read as follows:
	(a)  The executive commissioner by rule shall establish a
	classification and license for a facility that [advertises,
	markets, or otherwise promotes that the facility] provides personal
	care services to residents who have Alzheimer's disease or related
	disorders. A facility may not [is not required to be classified
	under this section to] provide personal care services [care or
	treatment] to residents who have Alzheimer's disease or related
	disorders unless the facility is classified under this section.
	(a-1)  Notwithstanding Subsection (a) and subject to
	Subsection (a-2), a facility is not required to be classified under
	this section to provide personal care services to persons with
	Alzheimer's disease or related disorders before January 1, 2028.
	(a-2)  A facility that is initially licensed under this
	chapter on or after January 1, 2025, must be classified under this
	section to provide personal care services to persons with
	Alzheimer's disease or related disorders.
	(a-3)  Subsections (a-1) and (a-2) and this subsection
	expire September 1, 2030.
	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, 2023.