Texas 2025 - 89th Regular

Texas House Bill HB5396

Filed
3/14/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the oversight of rehabilitation hospitals by the office of the state long-term care ombudsman.

Impact

The legislation amends the Human Resources Code to facilitate better complaint handling and patient advocacy. It broadens the authority for the ombudsman to access patient care records when necessary for investigations, enhancing accountability within rehabilitation facilities. Rehabilitation hospitals will now be required to inform patients and their families about the process for filing complaints, which could lead to increased awareness and utilization of legal protections for patient welfare. The legislative changes are designed to improve outcomes for patients, ultimately enhancing the culture of care within these services.

Summary

House Bill 5396, also known as the Congresswoman Eddie Bernice Johnson Rehabilitation Hospital Care Ombudsman Act of 2025, establishes enhanced oversight of rehabilitation hospitals through the office of the state long-term care ombudsman. The bill aims to safeguard patients in these facilities by allowing the ombudsman office to investigate and resolve complaints regarding health or safety concerns, particularly in situations where patients may be in imminent peril. This legislation is significant for its focus on ensuring that patients receive appropriate care and that their rights are protected while stationed in rehabilitation hospitals.

Sentiment

The reception of HB 5396 has been relatively positive among patient advocacy groups and those concerned with healthcare standards. Supporters argue that the bill represents a crucial step in improving patient rights and safety within rehabilitation settings. However, there may be some apprehension regarding privacy implications and the administrative burden placed on hospitals to comply with new regulations. Overall, the general sentiment is that while the bill increases oversight, it may also enhance protections for a vulnerable segment of the population.

Contention

Notably, the primary contention surrounding HB 5396 involves the balance between necessary oversight and the potential for overregulation. Some stakeholders fear that increased monitoring could hinder the operational efficiency of rehabilitation hospitals, while others strongly advocate for improved oversight to prevent neglect and abuse. The bill's provisions for investigating complaints and requiring facilities to cooperate with ombudsman investigations might raise concerns for some healthcare providers regarding the limits of their operational discretion.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 166. Advance Directives
    • Section: 004
  • Chapter 241. Hospitals
    • Section: New Section
  • Chapter 260. Boarding Home Facilities
    • Section: New Section

Human Resources Code

  • Chapter 101a. State Services For The Aging
    • Section: New Section
    • Section: 254
    • Section: 257
    • Section: 258
    • Section: 259
    • Section: 261
    • Section: 262
    • Section: New Section
    • Section: 254
    • Section: 257
    • Section: 258
    • Section: 259
    • Section: 261
    • Section: 262

Companion Bills

TX SB699

Identical Relating to the licensing and regulation of inpatient rehabilitation facilities; imposing fees; providing civil and administrative penalties; creating criminal offenses.

Previously Filed As

TX HB4220

Relating to the office of the state long-term care ombudsman.

TX SB652

Relating to the office of the state long-term care ombudsman.

TX SB1386

Relating to the creation of the office of independent oversight ombudsman for the Texas Department of Criminal Justice.

TX HB3462

Relating to the consolidation of ombudsman programs administered by the Health and Human Services Commission.

TX SB1727

Relating to the continuation and functions of the Texas Juvenile Justice Department, the functions of the office of independent ombudsman for the Texas Juvenile Justice Department, and the powers and duties of the office of inspector general of the Texas Juvenile Justice Department.

TX HB1520

Relating to the continuation and functions of the Texas Juvenile Justice Department and the functions of the office of independent ombudsman for the Texas Juvenile Justice Department.

TX SB2114

Relating to the establishment of the office of independent ombudsman for the Texas Education Agency.

TX SB181

Relating to the authority of the Health and Human Services Commission's office of the ombudsman to resolve complaints against the Department of Family and Protective Services.

TX HB3427

Relating to the ombudsman office for the Texas Department of Criminal Justice.

TX HB4611

Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.

Similar Bills

WV HB2364

Creating an ombudsman program within the Division of Corrections and Rehabilitation to review complaints against a state agency or correctional facility.

WV HB5358

Creating an ombudsman program within the Division of Corrections and Rehabilitation to review complaints against a state agency or correctional facility.

CT SB00309

An Act Aligning The Office Of The Long-term Care Ombudsman With The Older Americans Act.

DC B25-0818

Deputy Ombudsman for the Department of Youth Rehabilitation Services Act of 2024

CT SB00257

An Act Concerning The Office Of The Long-term Care Ombudsman.

CT HB05038

An Act Concerning The Governor's Budget Recommendations For Human Services.

CT SB00804

An Act Concerning A Community Ombudsman.

AZ HB2553

Independent corrections ombudsman office