Texas 2015 - 84th Regular

Texas House Bill HB1337 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Naishtat (Senate Sponsor - Zaffirini) H.B. No. 1337
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 7, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 22, 2015, reported favorably by the
5		-	following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1337
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to requiring institutions and assisted living facilities
12	6		to maintain guardianship orders of residents.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter A, Chapter 242, Health and Safety
15	9		Code, is amended by adding Section 242.019 to read as follows:
16	10		Sec. 242.019. GUARDIANSHIP ORDERS. An institution shall
17	11		make a reasonable effort to request a copy of any court order
18	12		appointing a guardian of a resident or a resident's estate from the
19	13		resident's nearest relative or the person responsible for the
20	14		resident's support. An institution that receives a copy of a court
21	15		order appointing a guardian of a resident or a resident's estate
22	16		shall maintain a copy of the court order in the resident's medical
23	17		records.
24	18		SECTION 2. Subchapter D, Chapter 247, Health and Safety
25	19		Code, is amended by adding Section 247.070 to read as follows:
26	20		Sec. 247.070. GUARDIANSHIP ORDERS. An assisted living
27	21		facility shall make a reasonable effort to request a copy of any
28	22		court order appointing a guardian of a resident or a resident's
29	23		estate from the resident's nearest relative or the person
30	24		responsible for the resident's support. An assisted living facility
31	25		that receives a copy of a court order appointing a guardian of a
32	26		resident or a resident's estate shall maintain a copy of the court
33	27		order in the resident's medical records.
34	28		SECTION 3. Section 260A.007(e), Health and Safety Code, is
35	29		amended to read as follows:
36	30		(e) In investigating the report of abuse, neglect,
37	31		exploitation, or other complaint, the investigator for the
38	32		department shall:
39	33		(1) make an unannounced visit to the facility to
40	34		determine the nature and cause of the alleged abuse, neglect, or
41	35		exploitation of the resident;
42	36		(2) interview each available witness, including the
43	37		resident who suffered the alleged abuse, neglect, or exploitation
44	38		if the resident is able to communicate or another resident or other
45	39		witness identified by any source as having personal knowledge
46	40		relevant to the report of abuse, neglect, exploitation, or other
47	41		complaint;
48	42		(3) personally inspect any physical circumstance that
49	43		is relevant and material to the report of abuse, neglect,
50	44		exploitation, or other complaint and that may be objectively
51	45		observed;
52	46		(4) make a photographic record of any injury to a
53	47		resident, subject to Subsection (n); [and]
54	48		(5) write an investigation report that includes:
55	49		(A) the investigator's personal observations;
56	50		(B) a review of relevant documents and records;
57	51		(C) a summary of each witness statement,
58	52		including the statement of the resident that suffered the alleged
59	53		abuse, neglect, or exploitation and any other resident interviewed
60	54		in the investigation; and
61	55		(D) a statement of the factual basis for the
62	56		findings for each incident or problem alleged in the report or other
63	57		allegation; and
64	58		(6) for a resident of an institution or assisted
65	59		living facility, inspect any court order appointing a guardian of
66	60		the resident who was the subject of the alleged abuse, neglect, or
67	61		exploitation that is maintained in the resident's medical records
68	62		under Section 242.019 or 247.070.
69	63		SECTION 4. (a) An institution is not required to comply
70	64		with Section 242.019, Health and Safety Code, as added by this Act,
71	65		before January 1, 2016.
72	66		(b) An assisted living facility is not required to comply
73	67		with Section 247.070, Health and Safety Code, as added by this Act,
74	68		before January 1, 2016.
75	69		SECTION 5. This Act takes effect September 1, 2015.
76		-	* * * * *
	70	+	______________________________ ______________________________
	71	+	President of the Senate Speaker of the House
	72	+	I certify that H.B. No. 1337 was passed by the House on May 5,
	73	+	2015, by the following vote: Yeas 144, Nays 1, 2 present, not
	74	+	voting.
	75	+	______________________________
	76	+	Chief Clerk of the House
	77	+	I certify that H.B. No. 1337 was passed by the Senate on May
	78	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	79	+	______________________________
	80	+	Secretary of the Senate
	81	+	APPROVED: _____________________
	82	+	Date
	83	+	_____________________
	84	+	Governor