89R10005 KRM-F     By: Campos H.B. No. 2376       A BILL TO BE ENTITLED   AN ACT   relating to the requirements for 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 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.          (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, 2030.          (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, 2032.          (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 [institution] is certified   by the commission [department] to provide specialized care or   treatment for persons with Alzheimer's disease or related disorders   unless the facility [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, 2030.          (a-2)  A facility initially licensed under this chapter on or   after January 1, 2027, 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, 2032.          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.