Texas 2009 - 81st Regular

Texas House Bill HB4695 Compare Versions

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

Old	New	Differences
1	1	81R10992 GCB-D
2	2	By: Olivo H.B. No. 4695
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection and use of information relating to the
8	8	investigation and prevention of abuse, neglect, and exploitation in
9	9	certain facilities serving individuals with mental retardation in
10	10	an electronic database.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 531, Government Code, is
13	13	amended by adding Section 531.02446 to read as follows:
14	14	Sec. 531.02446. ABUSE, NEGLECT, AND EXPLOITATION
15	15	PREVENTION DATABASE. (a) The Department of Aging and Disability
16	16	Services and the Department of Family and Protective Services
17	17	jointly shall develop and maintain an electronic database to
18	18	collect and analyze information regarding the investigation and
19	19	prevention of abuse, neglect, and exploitation of individuals with
20	20	mental retardation who reside in a facility licensed under Chapter
21	21	252, Health and Safety Code, or in a group home or foster home at
22	22	which a Home and Community-based Services (HCS) provider provides
23	23	services.
24	24	(b) The information collected in the database regarding
25	25	investigations must be detailed, easily retrievable, and include
26	26	information relating to abuse, neglect, and exploitation
27	27	investigations and regulatory investigations performed by the
28	28	Department of Aging and Disability Services that may be sorted by
29	29	home, provider, and facility. The information collected must allow
30	30	the Department of Aging and Disability Services, in performing the
31	31	department's regulatory function, to identify a home, provider, or
32	32	facility that needs additional, intensive monitoring and
33	33	inspection.
34	34	(c) The electronic database must facilitate the entry of the
35	35	required information and the sharing of information between the
36	36	departments. At a minimum, the database must include the following
37	37	categories of information:
38	38	(1) the number of abuse, neglect, or exploitation
39	39	allegations received; and
40	40	(2) the number of allegations relating to a facility
41	41	or home substantiated through an investigation.
42	42	(d) Each allegation involving a unique individual in a
43	43	facility or home is considered a separate violation for purposes of
44	44	Subsection (c).
45	45	(e) The Department of Aging and Disability Services shall
46	46	ensure that information related to findings concerning failure to
47	47	comply with regulatory standards directly related to the prevention
48	48	of abuse, neglect, and exploitation in a facility licensed under
49	49	Chapter 252, Health and Safety Code, or a group or foster home at
50	50	which a Home and Community-based Services (HCS) provider provides
51	51	services is collected and stored in the database in a manner that
52	52	can be sorted by home, provider, and facility.
53	53	(f) The Department of Aging and Disability Services shall
54	54	maintain information in the database regarding the placement of
55	55	individuals transferred from a state school during the previous 12
56	56	months. At a minimum, this information must include the
57	57	individual's:
58	58	(1) severity of mental retardation;
59	59	(2) medical diagnosis and needs; and
60	60	(3) need for monitoring or attention to ensure the
61	61	individual receives sufficient care.
62	62	(g) The Department of Aging and Disability Services and the
63	63	Department of Family and Protective Services may not release or
64	64	distribute information in the database in a form that contains
65	65	personally identifiable information related to an individual in a
66	66	facility or home or to a victim of abuse, neglect, or exploitation.
67	67	SECTION 2. As soon as practicable after the effective date
68	68	of this Act, the Department of Aging and Disability Services and the
69	69	Department of Family and Protective Services shall develop the
70	70	database required by Section 531.02446, Government Code, as added
71	71	by this Act.
72	72	SECTION 3. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2009.