Texas 2009 - 81st Regular

Texas House Bill HB3718 Compare Versions

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

Old	New	Differences
1	1	81R10263 JSC-F
2	2	By: King of Taylor H.B. No. 3718
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disclosure of certain information by certain registries
8	8	for home health, hospice, or personal assistance services; imposing
9	9	a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 142, Health and Safety Code, is amended
12	12	by adding Subchapter C to read as follows:
13	13	SUBCHAPTER C. HOME HEALTH, HOSPICE, OR PERSONAL ASSISTANCE
14	14	SERVICES REGISTRY
15	15	Sec. 142.101. APPLICABILITY. This subchapter applies only
16	16	to a registry, regardless of whether the registry is licensed under
17	17	this chapter, that operates as a clearinghouse to put clients in
18	18	contact with persons who provide home health, hospice, or personal
19	19	assistance services without regard to whether the registry
20	20	maintains official client records, directs client services, or
21	21	compensates the person who is providing the service.
22	22	Sec. 142.102. REQUIRED DISCLOSURE. (a) A registry subject
23	23	to this subchapter shall disclose to each client who uses the
24	24	registry to obtain information regarding caregivers who provide
25	25	home health, hospice, or personal assistance services for a client
26	26	or the client's family and to each caregiver using the registry to
27	27	find employment:
28	28	(1) the nature of the employment relationship between
29	29	the client and the caregiver;
30	30	(2) the duties imposed on the client under federal law
31	31	regarding taxation of the caregiver;
32	32	(3) the duties and liabilities of the client in the
33	33	event of an on-the-job injury;
34	34	(4) other potential liabilities of the client; and
35	35	(5) any other information concerning employment of the
36	36	caregiver required under rules adopted under Section 142.103.
37	37	(b) Each disclosure must be signed by the client or the
38	38	caregiver to whom the disclosure was provided and be retained in the
39	39	registry's files for not less than five years.
40	40	Sec. 142.103. RULES. The executive commissioner of the
41	41	Health and Human Services Commission by rule shall prescribe the
42	42	form and contents of the disclosure required under this subchapter.
43	43	Sec. 142.104. VIOLATION; CIVIL PENALTY. (a) A person who
44	44	violates this subchapter or a rule adopted under this subchapter is
45	45	liable to the state for a civil penalty of not more than $500 for
46	46	each violation.
47	47	(b) At the request of the department, the attorney general
48	48	shall bring an action to recover the penalty.
49	49	SECTION 2. (a) The executive commissioner of the Health and
50	50	Human Services Commission shall adopt the rules required by Section
51	51	142.103, Health and Safety Code, as added by this Act, not later
52	52	than January 1, 2010.
53	53	(b) A registry for home health, hospice, or personal
54	54	assistance services described by Section 142.101, Health and Safety
55	55	Code, as added by this Act, is not required to provide the
56	56	disclosure required by Subchapter C, Chapter 142, Health and Safety
57	57	Code, as added by this Act, before March 1, 2010.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2009.