Texas 2013 - 83rd Regular

Texas House Bill HB2673 Compare Versions

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1	1	By: Price (Senate Sponsor - Nelson) H.B. No. 2673
2	2	(In the Senate - Received from the House April 29, 2013;
3	3	April 30, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 13, 2013, reported favorably by the
5	5	following vote: Yeas 8, Nays 0; May 13, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the protection and care of individuals with
11	11	intellectual and developmental disabilities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 411.1144, Government
14	14	Code, is amended to read as follows:
15	15	Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD
16	16	INFORMATION: AGENCIES WITH EMPLOYEES, CONTRACTORS, OR VOLUNTEERS
17	17	AT STATE SUPPORTED LIVING CENTERS.
18	18	SECTION 2. Sections 411.1144(a) and (d), Government Code,
19	19	are amended to read as follows:
20	20	(a) The Department of State Health Services, [and] the
21	21	Department of Aging and Disability Services, and the Health and
22	22	Human Services Commission are entitled to obtain from the
23	23	department criminal history record information maintained by the
24	24	department that relates to a person:
25	25	(1) who is:
26	26	(A) an applicant for employment with the agency;
27	27	(B) an employee of the agency;
28	28	(C) a volunteer with the agency; [or]
29	29	(D) an applicant for a volunteer position with
30	30	the agency;
31	31	(E) an applicant for a contract with the agency;
32	32	or
33	33	(F) a contractor of the agency; and
34	34	(2) who would be placed in direct contact with a
35	35	resident or client, as defined by Section 555.001, Health and
36	36	Safety Code [of a state supported living center or the ICF-MR
37	37	component of the Rio Grande State Center].
38	38	(d) Subject to Section 411.087, the Department of State
39	39	Health Services, [and] the Department of Aging and Disability
40	40	Services, and the Health and Human Services Commission are entitled
41	41	to:
42	42	(1) obtain through the Federal Bureau of Investigation
43	43	criminal history record information maintained or indexed by that
44	44	bureau that pertains to a person described by Subsection (a); and
45	45	(2) obtain from any other criminal justice agency in
46	46	this state criminal history record information maintained by that
47	47	criminal justice agency that relates to a person described by
48	48	Subsection (a).
49	49	SECTION 3. The heading to Subchapter U, Chapter 531,
50	50	Government Code, is amended to read as follows:
51	51	SUBCHAPTER U. MORTALITY REVIEW FOR CERTAIN INDIVIDUALS WITH
52	52	INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
53	53	SECTION 4. Subchapter U, Chapter 531, Government Code, is
54	54	amended by adding Section 531.8501 to read as follows:
55	55	Sec. 531.8501. DEFINITION. In this subchapter, "contracted
56	56	organization" means an entity that contracts with the Health and
57	57	Human Services Commission for the provision of services as
58	58	described by Section 531.851(c).
59	59	SECTION 5. Sections 531.851(a), (c), (d), and (e),
60	60	Government Code, are amended to read as follows:
61	61	(a) The executive commissioner shall establish an
62	62	independent mortality review system to review the death of a person
63	63	with an intellectual or [a] developmental disability who, at the
64	64	time of the person's death or at any time during the 24-hour period
65	65	before the person's death:
66	66	(1) resided in or received services from:
67	67	(A) an intermediate care facility for persons
68	68	with an intellectual or developmental disability (ICF/IID) [mental
69	69	retardation (ICF-MR)] operated or licensed by the Department of
70	70	Aging and Disability Services or a community center; or
71	71	(B) the ICF/IID [ICF-MR] component of the Rio
72	72	Grande State Center; or
73	73	(2) received services [residential assistance]
74	74	through a Section 1915(c) waiver program for [serving] individuals
75	75	who are eligible for ICF/IID [ICF-MR] services [in a residence in
76	76	which residential assistance is provided to three or more persons
77	77	and in which the waiver program provider has a property interest].
78	78	(c) The executive commissioner shall contract with an
79	79	institution of higher education or a health care organization or
80	80	association with experience in conducting research-based mortality
81	81	studies [a patient safety organization certified in accordance with
82	82	42 C.F.R. Part 3, as effective on January 19, 2009,] to conduct
83	83	independent mortality reviews of persons with an intellectual or
84	84	developmental disability [required by this subchapter]. The
85	85	contract must require the contracted [patient safety] organization
86	86	to form a [conduct an independent mortality] review [using a] team
87	87	consisting of:
88	88	(1) a physician with expertise regarding the medical
89	89	treatment of individuals with intellectual or developmental
90	90	disabilities [mental retardation];
91	91	(2) a registered nurse with expertise regarding the
92	92	medical treatment of individuals with intellectual or
93	93	developmental disabilities [mental retardation];
94	94	(3) a clinician or other professional with expertise
95	95	in the delivery of services and supports for individuals with
96	96	intellectual or developmental disabilities [mental retardation];
97	97	and
98	98	(4) any other appropriate person as provided by the
99	99	executive commissioner.
100	100	(d) The executive commissioner shall adopt rules regarding
101	101	the manner in which the death of a person described by Subsection
102	102	(a) must be reported to the contracted [patient safety]
103	103	organization by a facility or waiver program provider described by
104	104	that subsection.
105	105	(e) To ensure consistency across mortality review systems,
106	106	a review under this section must collect information consistent
107	107	with the information required to be collected by any other
108	108	independent mortality review process established specifically for
109	109	persons with intellectual or developmental disabilities [mental
110	110	retardation].
111	111	SECTION 6. Section 531.852, Government Code, is amended to
112	112	read as follows:
113	113	Sec. 531.852. ACCESS TO INFORMATION. (a) A contracted
114	114	[patient safety] organization may request information and records
115	115	regarding a deceased person as necessary to carry out the
116	116	contracted [patient safety] organization's duties. Records and
117	117	information that may be requested under this section include:
118	118	(1) medical, dental, and mental health care
119	119	information; and
120	120	(2) information and records maintained by any state or
121	121	local government agency, including:
122	122	(A) a birth certificate;
123	123	(B) law enforcement investigative data;
124	124	(C) medical examiner investigative data;
125	125	(D) juvenile court records;
126	126	(E) parole and probation information and
127	127	records; and
128	128	(F) adult or child protective services
129	129	information and records.
130	130	(b) On request of the contracted [patient safety]
131	131	organization, the custodian of the relevant information and records
132	132	relating to a deceased person shall provide those records to the
133	133	contracted [patient safety] organization at no charge.
134	134	SECTION 7. Section 531.853, Government Code, is amended to
135	135	read as follows:
136	136	Sec. 531.853. MORTALITY REVIEW REPORT. Subject to Section
137	137	531.854, a contracted [The patient safety] organization shall[, to
138	138	the extent allowed by federal law,] submit:
139	139	(1) to the Department of Aging and Disability
140	140	Services, the Department of Family and Protective Services, the
141	141	office of independent ombudsman for state supported living centers,
142	142	and the commission's office of inspector general a report of the
143	143	findings of the mortality review; and
144	144	(2) semiannually to the governor, the lieutenant
145	145	governor, the speaker of the house of representatives, and the
146	146	standing committees of the senate and house of representatives with
147	147	primary jurisdiction over the Department of Aging and Disability
148	148	Services, the Department of Family and Protective Services, the
149	149	office of independent ombudsman for state supported living centers,
150	150	and the commission's office of inspector general a report that
151	151	contains:
152	152	(A) aggregate information regarding the deaths
153	153	for which the contracted [patient safety] organization performed an
154	154	independent mortality review;
155	155	(B) trends in the causes of death identified by
156	156	the contracted [patient safety] organization; and
157	157	(C) any suggestions for system-wide improvements
158	158	to address conditions that contributed to deaths reviewed by the
159	159	contracted [patient safety] organization.
160	160	SECTION 8. Section 531.854, Government Code, is amended by
161	161	amending Subsections (a), (b), and (e) and adding Subsections (f)
162	162	and (g) to read as follows:
163	163	(a) The commission may use or publish information under this
164	164	subchapter only to advance statewide practices regarding the
165	165	treatment and care of individuals with intellectual and
166	166	developmental disabilities. A summary of the data in the
167	167	contracted [patient safety] organization's reports or a
168	168	statistical compilation of data reports may be released by the
169	169	commission for general publication if the summary or statistical
170	170	compilation does not contain any information that would permit the
171	171	identification of an individual or that is confidential or
172	172	privileged under this subchapter or other state or federal law
173	173	[patient safety work product].
174	174	(b) Information and records acquired by the contracted
175	175	[patient safety] organization in the exercise of its duties under
176	176	this subchapter are confidential and exempt from disclosure under
177	177	the open records law, Chapter 552, and may be disclosed only as
178	178	necessary to carry out the contracted [patient safety]
179	179	organization's duties.
180	180	(e) Reports, information, statements, memoranda, and other
181	181	information furnished under this subchapter to the contracted
182	182	organization and any findings or conclusions resulting from a
183	183	review by the contracted [patient safety] organization are
184	184	privileged.
185	185	(f) A contracted organization's report of the findings of
186	186	the independent mortality review conducted under this subchapter
187	187	and any records developed by the contracted organization relating
188	188	to the review:
189	189	(1) are confidential and privileged;
190	190	(2) are not subject to discovery or subpoena; and
191	191	(3) may not be introduced into evidence in any civil,
192	192	criminal, or administrative proceeding.
193	193	(g) A member of the contracted organization's review team
194	194	may not testify or be required to testify in a civil, criminal, or
195	195	administrative proceeding as to observations, factual findings, or
196	196	conclusions that were made in conducting a review under this
197	197	subchapter.
198	198	SECTION 9. Section 531.855, Government Code, is amended to
199	199	read as follows:
200	200	Sec. 531.855. LIMITATION ON LIABILITY. A health care
201	201	provider or other person is not civilly or criminally liable for
202	202	furnishing information to the contracted [patient safety]
203	203	organization or to the commission for use by the contracted
204	204	[patient safety] organization in accordance with this subchapter
205	205	unless the person acted in bad faith or knowingly provided false
206	206	information to the contracted [patient safety] organization or the
207	207	commission.
208	208	SECTION 10. Section 555.021, Health and Safety Code, is
209	209	amended to read as follows:
210	210	Sec. 555.021. REQUIRED CRIMINAL HISTORY CHECKS FOR
211	211	EMPLOYEES, CONTRACTORS, AND VOLUNTEERS [OF CENTERS]. (a) The
212	212	department, [and] the Department of State Health Services, and the
213	213	Health and Human Services Commission shall perform a state and
214	214	federal criminal history background check on a person:
215	215	(1) who is:
216	216	(A) an applicant for employment with the agency;
217	217	(B) an employee of the agency;
218	218	(C) a volunteer with the agency; [or]
219	219	(D) an applicant for a volunteer position with
220	220	the agency;
221	221	(E) an applicant for a contract with the agency;
222	222	or
223	223	(F) a contractor of the agency; and
224	224	(2) who would be placed in direct contact with a
225	225	resident or client.
226	226	(b) The department, [and] the Department of State Health
227	227	Services, and the Health and Human Services Commission shall
228	228	require a person described by Subsection (a) to submit fingerprints
229	229	in a form and of a quality acceptable to the Department of Public
230	230	Safety and the Federal Bureau of Investigation for use in
231	231	conducting a criminal history background check.
232	232	(c) Each agency shall obtain electronic updates from the
233	233	Department of Public Safety of arrests and convictions of a person:
234	234	(1) for whom the agency performs a background check
235	235	under Subsection (a); and
236	236	(2) who remains an employee, contractor, or volunteer
237	237	of the agency and continues to have direct contact with a resident
238	238	or client.
239	239	SECTION 11. Section 252.134, Health and Safety Code, is
240	240	repealed.
241	241	SECTION 12. Section 531.851, Government Code, as amended by
242	242	this Act, does not apply to a contract entered into by the executive
243	243	commissioner of the Health and Human Services Commission before
244	244	June 1, 2013. A contract entered into before June 1, 2013, is
245	245	governed by the law in effect on the date the contract was entered
246	246	into, and that law is continued in effect for that purpose.
247	247	SECTION 13. This Act takes effect immediately if it
248	248	receives a vote of two-thirds of all the members elected to each
249	249	house, as provided by Section 39, Article III, Texas Constitution.
250	250	If this Act does not receive the vote necessary for immediate
251	251	effect, this Act takes effect September 1, 2013.
252	252	* * * * *