By: Menendez H.B. No. 3490
A BILL TO BE ENTITLED
AN ACT
relating to the discharge of certain patients from a hospital;
providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 311, Health and Safety
Code, is amended by adding Sections 311.025 and 311.026 to read as
follows:
Sec. 311.025. DISCHARGE OF HOMELESS PATIENT. (a) In this
section:
(1) "Department" means the Department of State Health
Services.
(2) "Hospital" means a hospital licensed under Chapter
241.
(b) The department by rule shall develop a discharge
protocol to ensure that a homeless individual recovering from an
acute illness or injury is provided with continuing medical care
and other services, as necessary, after discharge from a hospital
that treated the individual for the illness or injury.
(c) A hospital shall use the discharge protocol developed
under Subsection (b) for each homeless individual treated at the
hospital for an acute illness or injury who requires continuing
services after discharge from the hospital.
(d) The department shall partner with local governments,
social services agencies, and organizations that provide services
to homeless and indigent individuals to develop the discharge
protocol under Subsection (b). The discharge protocol must address
the following:
(1) shelter and meals;
(2) recuperative care;
(3) transitional housing;
(4) case management services; and
(5) other services the department considers necessary
to provide for the safety and well-being of homeless individuals
recovering from acute illness or injury.
Sec. 311.026. WRONGFUL DISCHARGE OF HOMELESS INDIVIDUAL;
CIVIL PENALTIES. (a) A hospital or a person who is a hospital
employee, officer, or medical staff member may not discharge a
homeless individual who was treated at the hospital for acute
illness or injury unless the hospital uses the discharge protocol
developed under Section 311.025(b).
(b) A hospital or a person who is a hospital employee,
officer, or medical staff member commits an offense if the hospital
or person knowingly violates this section. An offense under this
subsection is punishable by:
(1) a fine of not less than $5,000 but not more than
$10,000 for a hospital;
(2) a fine of not less than twice the amount of the
fine assessed under Subdivision (1) but not more than $50,000 for a
hospital and a suspension of the hospital's license for 3 months for
a second offense;
(3) a fine of not less than $100,000 for a hospital and
suspension of the hospital's license for 6 months for a third
offense;
(4) the revocation of the hospital's license for a
fourth offense;
(5) a fine of not less than $2,000 for a person for a
first offense;
(6) a fine of not less than twice the amount of the
fine assessed under Subdivision (4) for a person and a 3-month
suspension of the person's license, if applicable, for a second
offense;
(7) a fine of not less than $50,000 and a suspension of
the person's license for 6 months, if applicable, for a third
offense; and
(8) revocation of the person's license, if applicable,
for a fourth offense.
SECTION 2. Not later than December 1, 2011, the Department
of State Health Services shall adopt rules as required by Section
311.025, Health and Safety Code, as added by this Act.
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, 2011.