81R10263 JSC-F
By: King of Taylor H.B. No. 3718
A BILL TO BE ENTITLED
AN ACT
relating to disclosure of certain information by certain registries
for home health, hospice, or personal assistance services; imposing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 142, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. HOME HEALTH, HOSPICE, OR PERSONAL ASSISTANCE
SERVICES REGISTRY
Sec. 142.101. APPLICABILITY. This subchapter applies only
to a registry, regardless of whether the registry is licensed under
this chapter, that operates as a clearinghouse to put clients in
contact with persons who provide home health, hospice, or personal
assistance services without regard to whether the registry
maintains official client records, directs client services, or
compensates the person who is providing the service.
Sec. 142.102. REQUIRED DISCLOSURE. (a) A registry subject
to this subchapter shall disclose to each client who uses the
registry to obtain information regarding caregivers who provide
home health, hospice, or personal assistance services for a client
or the client's family and to each caregiver using the registry to
find employment:
(1) the nature of the employment relationship between
the client and the caregiver;
(2) the duties imposed on the client under federal law
regarding taxation of the caregiver;
(3) the duties and liabilities of the client in the
event of an on-the-job injury;
(4) other potential liabilities of the client; and
(5) any other information concerning employment of the
caregiver required under rules adopted under Section 142.103.
(b) Each disclosure must be signed by the client or the
caregiver to whom the disclosure was provided and be retained in the
registry's files for not less than five years.
Sec. 142.103. RULES. The executive commissioner of the
Health and Human Services Commission by rule shall prescribe the
form and contents of the disclosure required under this subchapter.
Sec. 142.104. VIOLATION; CIVIL PENALTY. (a) A person who
violates this subchapter or a rule adopted under this subchapter is
liable to the state for a civil penalty of not more than $500 for
each violation.
(b) At the request of the department, the attorney general
shall bring an action to recover the penalty.
SECTION 2. (a) The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
142.103, Health and Safety Code, as added by this Act, not later
than January 1, 2010.
(b) A registry for home health, hospice, or personal
assistance services described by Section 142.101, Health and Safety
Code, as added by this Act, is not required to provide the
disclosure required by Subchapter C, Chapter 142, Health and Safety
Code, as added by this Act, before March 1, 2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.