| 1 | 1 | | 84R12099 JSC-D |
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| 2 | 2 | | By: Moody H.B. No. 2648 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to progressive sanctions for providers of home and |
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| 8 | 8 | | community-based services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 48.353, Human Resources Code, is amended |
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| 11 | 11 | | by adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) The department shall immediately submit all reports |
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| 13 | 13 | | of abuse, neglect, or exploitation received to the appropriate |
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| 14 | 14 | | local law enforcement agency, regardless of whether the department |
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| 15 | 15 | | determines that an investigation is unnecessary under Subsection |
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| 16 | 16 | | (a). |
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| 17 | 17 | | SECTION 2. Subchapter H, Chapter 48, Human Resources Code, |
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| 18 | 18 | | is amended by adding Section 48.3535 to read as follows: |
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| 19 | 19 | | Sec. 48.3535. PROGRESSIVE SANCTIONS. (a) The department |
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| 20 | 20 | | shall develop and implement progressive sanctions as provided by |
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| 21 | 21 | | this section for investigations of a report of abuse, neglect, or |
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| 22 | 22 | | exploitation in which the department is unable to determine |
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| 23 | 23 | | conclusively whether abuse, neglect, or exploitation did or did not |
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| 24 | 24 | | occur. |
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| 25 | 25 | | (b) Following an inconclusive investigation described by |
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| 26 | 26 | | Subsection (a), the department shall require the provider to create |
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| 27 | 27 | | a corrective plan to identify and prevent any future abuse, |
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| 28 | 28 | | neglect, or exploitation. |
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| 29 | 29 | | (c) If the department conducts an investigation described |
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| 30 | 30 | | by Subsection (a) that is inconclusive and the department conducted |
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| 31 | 31 | | an investigation that was inconclusive into that same provider less |
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| 32 | 32 | | than a year before the current investigation, the department shall |
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| 33 | 33 | | treat the situation as a hazard to the health or safety of the |
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| 34 | 34 | | individuals receiving services from the provider, and proceed with |
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| 35 | 35 | | a thorough review of the facility and require any necessary |
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| 36 | 36 | | corrective measures. |
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| 37 | 37 | | (d) If the department conducts an investigation described |
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| 38 | 38 | | by Subsection (a) that is inconclusive and the department conducted |
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| 39 | 39 | | two or more investigations that were inconclusive into that same |
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| 40 | 40 | | provider less than a year before the current investigation, the |
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| 41 | 41 | | department shall deny or terminate the certification of the |
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| 42 | 42 | | provider. |
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| 43 | 43 | | SECTION 3. The change in law made by this Act applies only |
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| 44 | 44 | | to a report of abuse, neglect, or exploitation that is received on |
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| 45 | 45 | | or after the effective date of this Act. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2015. |
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