Relating to the prohibited provision of certain residential caregiver services by individuals with certain criminal convictions; creating a criminal offense.
Impact
The enactment of HB 4947 will result in a systematic review of the criminal history of individuals seeking to work as residential caregivers. Medicaid providers will be required to check both state and federal criminal history records before hiring or contracting with caregivers. If a caregiver is later convicted of a disqualifying offense, they must be terminated immediately. This imposes a new layer of scrutiny to ensure that only qualified, law-abiding individuals can provide care, which proponents argue is crucial to protect individuals receiving care.
Summary
House Bill 4947 addresses the provision of residential caregiver services by individuals with certain criminal convictions. The bill specifically prohibits those convicted of specific offenses as outlined in Section 250.006 of the Health and Safety Code from being employed or contracted to provide residential care services to Medicaid recipients with intellectual or developmental disabilities. The bill aims to enhance the safety and quality of care for vulnerable populations served under Medicaid's 1915(c) waiver program, by ensuring that individuals with serious criminal backgrounds cannot work in sensitive caregiving roles.
Contention
While supporters commend the intentions behind the bill as a means to protect vulnerable populations, there may be concerns regarding the implications for individuals with past convictions who are trying to reintegrate into society. Critics might argue that such restrictions could unfairly penalize individuals for their pasts, not allowing them the opportunity to turn their lives around. Balancing the protection of vulnerable individuals with fair employment opportunities for those with criminal records presents a key tension in the discussion surrounding HB 4947.
Texas Constitutional Statutes Affected
Government Code
Chapter 532. Medicaid Administration And Operation In General
Section: New Section
Health And Safety Code
Chapter 250. Nurse Aide Registry And Criminal History Checks Of Employees And Applicants For Employment In Certain Facilities Serving The Elderly, Persons With Disabilities, Or Persons With Terminal Illnesses
Relating to imposing requirements on the employment of or contracts for certain individuals providing services to individuals with an intellectual or developmental disability, including requiring certain facilities and Medicaid providers to conduct criminal history record information and employee misconduct registry reviews and to suspend the employment or contracts of individuals who engage in reportable conduct; providing administrative penalties.
Relating to the required report of criminal offenses committed against individuals receiving certain state agency services; creating a criminal offense.
Relating to health benefit plan coverage for and prohibitions on gender transitioning procedures and treatments provided to certain individuals; creating a criminal offense.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.