84R12099 JSC-D
By: Moody H.B. No. 2648
A BILL TO BE ENTITLED
AN ACT
relating to progressive sanctions for providers of home and
community-based services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.353, Human Resources Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The department shall immediately submit all reports
of abuse, neglect, or exploitation received to the appropriate
local law enforcement agency, regardless of whether the department
determines that an investigation is unnecessary under Subsection
(a).
SECTION 2. Subchapter H, Chapter 48, Human Resources Code,
is amended by adding Section 48.3535 to read as follows:
Sec. 48.3535. PROGRESSIVE SANCTIONS. (a) The department
shall develop and implement progressive sanctions as provided by
this section for investigations of a report of abuse, neglect, or
exploitation in which the department is unable to determine
conclusively whether abuse, neglect, or exploitation did or did not
occur.
(b) Following an inconclusive investigation described by
Subsection (a), the department shall require the provider to create
a corrective plan to identify and prevent any future abuse,
neglect, or exploitation.
(c) If the department conducts an investigation described
by Subsection (a) that is inconclusive and the department conducted
an investigation that was inconclusive into that same provider less
than a year before the current investigation, the department shall
treat the situation as a hazard to the health or safety of the
individuals receiving services from the provider, and proceed with
a thorough review of the facility and require any necessary
corrective measures.
(d) If the department conducts an investigation described
by Subsection (a) that is inconclusive and the department conducted
two or more investigations that were inconclusive into that same
provider less than a year before the current investigation, the
department shall deny or terminate the certification of the
provider.
SECTION 3. The change in law made by this Act applies only
to a report of abuse, neglect, or exploitation that is received on
or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.