By: Naishtat (Senate Sponsor - Zaffirini) H.B. No. 1337
(In the Senate - Received from the House May 6, 2015;
May 7, 2015, read first time and referred to Committee on Health
and Human Services; May 22, 2015, reported favorably by the
following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to requiring institutions and assisted living facilities
to maintain guardianship orders of residents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Section 242.019 to read as follows:
Sec. 242.019. GUARDIANSHIP ORDERS. An institution shall
make a reasonable effort to request a copy of any court order
appointing a guardian of a resident or a resident's estate from the
resident's nearest relative or the person responsible for the
resident's support. An institution that receives a copy of a court
order appointing a guardian of a resident or a resident's estate
shall maintain a copy of the court order in the resident's medical
records.
SECTION 2. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.070 to read as follows:
Sec. 247.070. GUARDIANSHIP ORDERS. An assisted living
facility shall make a reasonable effort to request a copy of any
court order appointing a guardian of a resident or a resident's
estate from the resident's nearest relative or the person
responsible for the resident's support. An assisted living facility
that receives a copy of a court order appointing a guardian of a
resident or a resident's estate shall maintain a copy of the court
order in the resident's medical records.
SECTION 3. Section 260A.007(e), Health and Safety Code, is
amended to read as follows:
(e) In investigating the report of abuse, neglect,
exploitation, or other complaint, the investigator for the
department shall:
(1) make an unannounced visit to the facility to
determine the nature and cause of the alleged abuse, neglect, or
exploitation of the resident;
(2) interview each available witness, including the
resident who suffered the alleged abuse, neglect, or exploitation
if the resident is able to communicate or another resident or other
witness identified by any source as having personal knowledge
relevant to the report of abuse, neglect, exploitation, or other
complaint;
(3) personally inspect any physical circumstance that
is relevant and material to the report of abuse, neglect,
exploitation, or other complaint and that may be objectively
observed;
(4) make a photographic record of any injury to a
resident, subject to Subsection (n); [and]
(5) write an investigation report that includes:
(A) the investigator's personal observations;
(B) a review of relevant documents and records;
(C) a summary of each witness statement,
including the statement of the resident that suffered the alleged
abuse, neglect, or exploitation and any other resident interviewed
in the investigation; and
(D) a statement of the factual basis for the
findings for each incident or problem alleged in the report or other
allegation; and
(6) for a resident of an institution or assisted
living facility, inspect any court order appointing a guardian of
the resident who was the subject of the alleged abuse, neglect, or
exploitation that is maintained in the resident's medical records
under Section 242.019 or 247.070.
SECTION 4. (a) An institution is not required to comply
with Section 242.019, Health and Safety Code, as added by this Act,
before January 1, 2016.
(b) An assisted living facility is not required to comply
with Section 247.070, Health and Safety Code, as added by this Act,
before January 1, 2016.
SECTION 5. This Act takes effect September 1, 2015.
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