Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.
Impact
The enactment of HB 4696 is expected to significantly change the landscape of regulatory investigations in long-term care settings. By centralizing the investigations to one agency, the bill seeks to reduce the duplication of efforts currently observed, where multiple agencies might have overlapping responsibilities for the same case. The new process is aimed at ensuring a timely response to allegations of abuse and facilitating immediate protective measures when necessary. This move is crucial, given the staggering number of outstanding complaints that need to be addressed effectively and efficiently.
Summary
House Bill 4696 focuses on enhancing the mechanisms for reporting and investigating allegations of abuse, neglect, and exploitation within long-term care facilities in Texas. The bill aims to consolidate investigations under the Health and Human Services Commission (HHSC) to eliminate redundancies and improve the efficiency of the investigation process. Specifically, it transfers responsibility for these investigations from the Department of Family and Protective Services (DFPS) to HHSC, addressing a significant backlog of complaints revealed during the COVID-19 pandemic. This transition is designed to create a more streamlined approach that can respond faster to reports and ensure better oversight.
Sentiment
General sentiment around HB 4696 appears to be positive among legislators, particularly those advocating for better care and oversight in long-term facilities. Supporters view the bill as a necessary reform to enhance the safety of vulnerable populations, such as the elderly and those with disabilities. However, some concern exists regarding the actual implementation of these changes and whether sufficient resources will be allocated to handle the increased responsibilities of HHSC, ensuring that complaints are handled swiftly and thoroughly.
Contention
Notable points of contention in the discussions surrounding HB 4696 relate to the realities of resource allocation within the HHSC following the transfer of responsibilities. Questions have been raised about the agency's capacity to manage a potentially higher volume of investigations without additional funding or staffing. Furthermore, there are concerns about ensuring that the quality of investigations does not suffer amid the increased workload. Balancing the efficiency of the new system with adequate oversight remains a critical challenge as stakeholders move forward with the implementation.
Texas Constitutional Statutes Affected
Health And Safety Code
Chapter 142. Home And Community Support Services
Section: New Section
Section: 018
Section: New Section
Section: New Section
Section: 018
Section: New Section
Section: 018
Section: New Section
Section: 018
Chapter 252. Intermediate Care Facilities For Individuals With An Intellectual Disability
Section: 039
Section: 121
Section: 125
Section: 039
Section: 039
Section: 121
Section: 039
Chapter 260. Boarding Home Facilities
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 253. Employee Misconduct; Registry
Section: New Section
Human Resources Code
Chapter 48. Investigations And Protective Services For Elderly Persons And Persons With Disabilities
Section: 0021
Section: New Section
Section: 251
Section: 252
Section: 253
Section: 254
Section: 255
Section: 256
Section: 258
Section: 0021
Section: New Section
Section: 251
Section: 252
Section: 254
Section: 255
Section: 256
Section: 253
Section: 258
Section: 004
Section: 251
Section: 252
Section: 253
Section: 254
Section: 255
Section: 256
Section: 258
Section: 0021
Section: New Section
Section: 251
Section: 252
Section: 256
Section: 258
Section: 254
Section: 251
Section: 252
Section: 254
Section: 255
Section: 256
Section: 258
Chapter 261. Independent Ombudsman
Section: New Section
Section: 105
Chapter 103. Day Activity And Health Services
Section: New Section
Family Code
Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
Relating to the creation of a central database for and health and human services agency investigations of alleged abuse, neglect, and exploitation violations and rights violations at certain facilities operated in this state.
Relating to the investigation and prevention of abuse, neglect, or exploitation at certain facilities and homes in which individuals with mental retardation reside and the collection and use of information related to those investigations in an electronic database.
Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.
Relating to investigations of child abuse, neglect, or exploitation and to child protective services functions of the Department of Family and Protective Services.
To Create The Election Integrity Unit Within The Attorney General's Office; To Amend The Duties Of The State Board Of Election Commissioners; And To Amend The Law Concerning Violations Of Election Law.
Relating to the continuation and functions of the Office of Consumer Credit Commissioner and the licensing and registration of persons regulated by that state agency.
Relating to the continuation and functions of the Office of Consumer Credit Commissioner, the licensing and registration of persons regulated by that state agency, and certain consumer financial transactions regulated by that state agency.
Relating to the appointment of an inspector general for education, the creation of a division of inspector general for education in the State Board of Education to investigate public education, and the authority of the commissioner of education to conduct special investigations.
Relating to regulating the servicing of certain student loans, requiring the occupational licensing of certain student loan servicers, and the designation of a student loan ombudsman within the Texas Department of Banking; authorizing fees; authorizing civil and administrative penalties.