Texas 2009 - 81st Regular

Texas House Bill HB2444 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1914 UM-D
2	2	By: Rose H.B. No. 2444
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the investigation of abuse, neglect, or exploitation in
8	8	an intermediate care facility for the mentally retarded.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 252.122(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) A person, including an owner or employee of a facility,
13	13	who has cause to believe that the physical or mental health or
14	14	welfare of a resident has been or may be adversely affected by abuse
15	15	or neglect caused by another person shall report the abuse or
16	16	neglect to the Department of Family and Protective Services
17	17	[department], to a designated agency, or to both the Department of
18	18	Family and Protective Services [department] and the designated
19	19	agency, as specified in [department] rules adopted by the
20	20	Department of Family and Protective Services.
21	21	SECTION 2. Section 252.124(b), Health and Safety Code, is
22	22	amended to read as follows:
23	23	(b) A local or state law enforcement agency that receives a
24	24	report of abuse or neglect shall refer the report to the Department
25	25	of Family and Protective Services [department] or the designated
26	26	agency.
27	27	SECTION 3. Sections 252.125(a), (c), (d), (e), (f), and
28	28	(g), Health and Safety Code, are amended to read as follows:
29	29	(a) The Department of Family and Protective Services
30	30	[department] or the designated agency shall make a thorough
31	31	investigation promptly after receiving either the oral or written
32	32	report.
33	33	(c) In the investigation, the Department of Family and
34	34	Protective Services [department] or the designated agency shall
35	35	determine:
36	36	(1) the nature, extent, and cause of the abuse or
37	37	neglect;
38	38	(2) the identity of the person responsible for the
39	39	abuse or neglect;
40	40	(3) the names and conditions of the other residents;
41	41	(4) an evaluation of the persons responsible for the
42	42	care of the residents;
43	43	(5) the adequacy of the facility environment; and
44	44	(6) any other information required by the Department
45	45	of Family and Protective Services [department].
46	46	(d) The investigation may include a visit to the resident's
47	47	facility and an interview with the resident, if considered
48	48	appropriate by the Department of Family and Protective Services
49	49	[department].
50	50	(e) If the Department of Family and Protective Services
51	51	[department] attempts to carry out an on-site investigation and it
52	52	is shown that admission to the facility or any place where a
53	53	resident is located cannot be obtained, a probate or county court
54	54	shall order the person responsible for the care of the resident or
55	55	the person in charge of a place where the resident is located to
56	56	allow admission for the investigation and any interview with the
57	57	resident.
58	58	(f) Before the completion of the investigation, the
59	59	Department of Family and Protective Services [department] shall
60	60	file a petition for temporary care and protection of the resident if
61	61	the Department of Family and Protective Services [department]
62	62	determines that immediate removal is necessary to protect the
63	63	resident from further abuse or neglect.
64	64	(g) The Department of Family and Protective Services
65	65	[department] or the designated agency shall make a complete written
66	66	report of the investigation and submit the report and its
67	67	recommendations to the district attorney and the appropriate law
68	68	enforcement agency and, if necessary, to the Department of Family
69	69	and Protective Services [department] on the Department of Family
70	70	and Protective Services' [department's] request.
71	71	SECTION 4. Section 252.126, Health and Safety Code, is
72	72	amended to read as follows:
73	73	Sec. 252.126. CONFIDENTIALITY. A report, record, or
74	74	working paper used or developed in an investigation made under this
75	75	subchapter is confidential and may be disclosed only for purposes
76	76	consistent with the rules adopted by the executive commissioner of
77	77	the Health and Human Services Commission [board] or the designated
78	78	agency.
79	79	SECTION 5. Section 252.129, Health and Safety Code, is
80	80	amended by adding Subsection (d) to read as follows:
81	81	(d) The department and the Department of Family and
82	82	Protective Services shall cooperate to ensure that the central
83	83	registry required by this section accurately includes reported
84	84	cases of resident abuse and neglect.
85	85	SECTION 6. Sections 252.134(a) through (e), Health and
86	86	Safety Code, are amended to read as follows:
87	87	(a) A facility licensed under this chapter shall submit a
88	88	report to the Department of Family and Protective Services
89	89	[department] concerning the death of:
90	90	(1) a resident of the facility; and
91	91	(2) a former resident that occurs 24 hours or less
92	92	after the former resident is transferred from the facility to a
93	93	hospital.
94	94	(b) The report must be submitted not later than the 10th
95	95	working day after the last day of each month in which a resident of
96	96	the facility dies. The facility must make the report on a form
97	97	prescribed by the Department of Family and Protective Services
98	98	[department]. The report must contain the name and social security
99	99	number of the deceased.
100	100	(c) The Department of Family and Protective Services
101	101	[department] shall correlate reports under this section with death
102	102	certificate information to develop data relating to the:
103	103	(1) name and age of the deceased;
104	104	(2) official cause of death listed on the death
105	105	certificate;
106	106	(3) date, time, and place of death; and
107	107	(4) name and address of the facility in which the
108	108	deceased resided.
109	109	(d) Unless specified by rules adopted by the executive
110	110	commissioner of the Health and Human Services Commission [board
111	111	rule], a record under this section is confidential and not subject
112	112	to the provisions of Chapter 552, Government Code.
113	113	(e) The Department of Family and Protective Services
114	114	[department] shall develop statistical information on official
115	115	causes of death to determine patterns and trends of incidents of
116	116	death among persons with mental retardation and related conditions
117	117	and in specific facilities. Information developed under this
118	118	subsection is not confidential.
119	119	SECTION 7. Subchapter G, Chapter 48, Human Resources Code,
120	120	is amended by adding Section 48.3015 to read as follows:
121	121	Sec. 48.3015. INVESTIGATION OF REPORTS IN ICF-MR. (a)
122	122	Notwithstanding Section 48.301, the department shall receive and
123	123	investigate reports of abuse, neglect, or exploitation of an
124	124	individual with a disability receiving services in an intermediate
125	125	care facility for the mentally retarded.
126	126	(b) The executive commissioner shall adopt rules governing
127	127	investigations conducted under this section and the provision of
128	128	services as necessary to alleviate abuse, neglect, or exploitation.
129	129	SECTION 8. Section 161.071, Human Resources Code, is
130	130	amended to read as follows:
131	131	Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
132	132	department is responsible for administering human services
133	133	programs for the aging and disabled, including:
134	134	(1) administering and coordinating programs to
135	135	provide community-based care and support services to promote
136	136	independent living for populations that would otherwise be
137	137	institutionalized;
138	138	(2) providing institutional care services, including
139	139	services through convalescent and nursing homes and related
140	140	institutions under Chapter 242, Health and Safety Code;
141	141	(3) providing and coordinating programs and services
142	142	for persons with disabilities, including programs for the
143	143	treatment, rehabilitation, or benefit of persons with
144	144	developmental disabilities or mental retardation;
145	145	(4) operating state facilities for the housing,
146	146	treatment, rehabilitation, or benefit of persons with
147	147	disabilities, including state schools for persons with mental
148	148	retardation;
149	149	(5) serving as the state unit on aging required by the
150	150	federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.)
151	151	and its subsequent amendments, including performing the general
152	152	functions under Section 101.022 to ensure:
153	153	(A) implementation of the federal Older
154	154	Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its
155	155	subsequent amendments, including implementation of services and
156	156	volunteer opportunities under that Act for older residents of this
157	157	state through area agencies on aging;
158	158	(B) advocacy for residents of nursing facilities
159	159	through the office of the state long-term care ombudsman;
160	160	(C) fostering of the state and community
161	161	infrastructure and capacity to serve older residents of this state;
162	162	and
163	163	(D) availability of a comprehensive resource for
164	164	state government and the public on trends related to and services
165	165	and programs for an aging population;
166	166	(6) performing all licensing and enforcement
167	167	activities and functions related to long-term care facilities,
168	168	including licensing and enforcement activities related to
169	169	convalescent and nursing homes and related institutions under
170	170	Chapter 242, Health and Safety Code;
171	171	(7) performing all licensing and enforcement
172	172	activities related to assisted living facilities under Chapter 247,
173	173	Health and Safety Code;
174	174	(8) performing all licensing and enforcement
175	175	activities related to intermediate care facilities for persons with
176	176	mental retardation under Chapter 252, Health and Safety Code, other
177	177	than investigations of reported abuse, neglect, or exploitation;
178	178	(9) performing all licensing and enforcement
179	179	activities and functions related to home and community support
180	180	services agencies under Chapter 142, Health and Safety Code; and
181	181	(10) serving as guardian of the person or estate, or
182	182	both, for an incapacitated individual as provided by Subchapter E
183	183	of this chapter and Chapter XIII, Texas Probate Code.
184	184	SECTION 9. This Act applies only to a report of suspected
185	185	abuse, neglect, or exploitation that is made on or after the
186	186	effective date of this Act. A report of suspected abuse, neglect,
187	187	or exploitation that is made before the effective date of this Act
188	188	is governed by the law in effect on the date the report was made, and
189	189	that law is continued in effect for that purpose.
190	190	SECTION 10. This Act takes effect September 1, 2009.