Texas 2015 - 84th Regular

Texas House Bill HB2656 Compare Versions

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Version 2 (New)

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1	1	84R22970 GCB-F
2	2	By: Raymond, Naishtat H.B. No. 2656
3	3	Substitute the following for H.B. No. 2656:
4	4	By: Spitzer C.S.H.B. No. 2656
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the Department of Family and
10	10	Protective Services to investigate abuse, neglect, or exploitation
11	11	of individuals receiving services from certain providers.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 48.002(a), Human Resources Code, is
14	14	amended by adding Subdivision (11) to read as follows:
15	15	(11) "Home and community-based services" has the
16	16	meaning assigned by Section 48.251.
17	17	SECTION 2. Section 48.002(b), Human Resources Code, as
18	18	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
19	19	Session, 2015, is amended to read as follows:
20	20	(b) The definitions of "abuse," "neglect," [and]
21	21	"exploitation," and "an individual receiving services" adopted by
22	22	the executive commissioner as prescribed by Section 48.251(b)
23	23	[48.251] apply to an investigation of abuse, neglect, or
24	24	exploitation conducted under Subchapter F [or H].
25	25	SECTION 3. Section 48.003, Human Resources Code, is amended
26	26	to read as follows:
27	27	Sec. 48.003. INVESTIGATIONS IN NURSING FACILITIES [HOMES],
28	28	ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES. (a) Except as
29	29	provided by Subsection (c), this [This] chapter does not apply if
30	30	the alleged or suspected abuse, neglect, or exploitation occurs in
31	31	a facility licensed under Chapter 242 or 247, Health and Safety
32	32	Code.
33	33	(b) Alleged or suspected abuse, neglect, or exploitation
34	34	that occurs in a facility licensed under Chapter 242 or 247, Health
35	35	and Safety Code, is governed by Chapter 260A, Health and Safety
36	36	Code, except as otherwise provided by Subsection (c).
37	37	(c) Subchapter F applies to an investigation of alleged or
38	38	suspected abuse, neglect, or exploitation in which a provider of
39	39	home and community-based services is or may be alleged to have
40	40	committed the abuse, neglect, or exploitation, regardless of
41	41	whether the facility in which those services were provided is
42	42	licensed under Chapter 242 or 247, Health and Safety Code.
43	43	SECTION 4. Sections 48.051(a) and (b), Human Resources
44	44	Code, as amended by S.B. No. 219, Acts of the 84th Legislature,
45	45	Regular Session, 2015, are amended to read as follows:
46	46	(a) Except as prescribed by Subsection (b), a person having
47	47	cause to believe that an elderly person, a [or] person with a
48	48	disability, or an individual receiving services from a provider as
49	49	described by Subchapter F is in the state of abuse, neglect, or
50	50	exploitation[, including a person with a disability who is
51	51	receiving services as described by Section 48.252,] shall report
52	52	the information required by Subsection (d) immediately to the
53	53	department.
54	54	(b) If a person has cause to believe that an elderly person
55	55	or a person with a disability, other than an individual [a person
56	56	with a disability] receiving services from a provider as described
57	57	by Subchapter F [Section 48.252], has been abused, neglected, or
58	58	exploited in a facility operated, licensed, certified, or
59	59	registered by a state agency, the person shall report the
60	60	information to the state agency that operates, licenses, certifies,
61	61	or registers the facility for investigation by that agency.
62	62	SECTION 5. Section 48.103, Human Resources Code, is amended
63	63	by amending Subsection (a), as amended by S.B. No. 219, Acts of the
64	64	84th Legislature, Regular Session, 2015, and adding Subsection (c)
65	65	to read as follows:
66	66	(a) Except as otherwise provided by Subsection (c), on [On]
67	67	determining after an investigation that an elderly person or a
68	68	person with a disability has been abused, exploited, or neglected
69	69	by an employee of a home and community support services agency
70	70	licensed under Chapter 142, Health and Safety Code, the department
71	71	shall:
72	72	(1) notify the state agency responsible for licensing
73	73	the home and community support services agency of the department's
74	74	determination;
75	75	(2) notify any health and human services agency, as
76	76	defined by Section 531.001, Government Code, that contracts with
77	77	the home and community support services agency for the delivery of
78	78	health care services of the department's determination; and
79	79	(3) provide to the licensing state agency and any
80	80	contracting health and human services agency access to the
81	81	department's records or documents relating to the department's
82	82	investigation.
83	83	(c) This section does not apply to an investigation of
84	84	alleged or suspected abuse, neglect, or exploitation in which a
85	85	provider, as defined by Section 48.251, is or may be alleged to have
86	86	committed the abuse, neglect, or exploitation. An investigation
87	87	described by this subsection is governed by Subchapter F.
88	88	SECTION 6. Section 48.151(e), Human Resources Code, is
89	89	amended to read as follows:
90	90	(e) This section does not apply to investigations conducted
91	91	under Subchapter F [or H].
92	92	SECTION 7. Section 48.201, Human Resources Code, as amended
93	93	by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
94	94	2015, is amended to read as follows:
95	95	Sec. 48.201. APPLICATION OF SUBCHAPTER. Except as
96	96	otherwise provided, this subchapter does not apply to an
97	97	investigation conducted under Subchapter F [or H].
98	98	SECTION 8. Subchapter F, Chapter 48, Human Resources Code,
99	99	as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
100	100	Session, 2015, is amended to read as follows:
101	101	SUBCHAPTER F. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF
102	102	INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS [IN CERTAIN
103	103	FACILITIES, COMMUNITY CENTERS, AND LOCAL MENTAL HEALTH AND
104	104	INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES]
105	105	Sec. 48.251. DEFINITIONS. (a) In this subchapter:
106	106	(1) "Behavioral health services" means:
107	107	(A) mental health services, as defined by Section
108	108	531.002, Health and Safety Code; and
109	109	(B) interventions provided to treat chemical
110	110	dependency, as defined by Section 461A.002, Health and Safety Code.
111	111	(2) "Community center" has the meaning assigned by
112	112	Section 531.002, Health and Safety Code.
113	113	(3) "Facility" means:
114	114	(A) a facility listed in Section 532.001(b) or
115	115	532A.001(b), Health and Safety Code, including community services
116	116	operated by the Department of State Health Services or Department
117	117	of Aging and Disability Services, as described by those sections,
118	118	or a person contracting with a health and human services agency to
119	119	provide inpatient mental health services; and
120	120	(B) a facility licensed under Chapter 252, Health
121	121	and Safety Code.
122	122	(4) "Health and human services agency" has the meaning
123	123	assigned by Section 531.001, Government Code.
124	124	(5) "Home and community-based services" means
125	125	services provided in the home or community in accordance with 42
126	126	U.S.C. Section 1315, 42 U.S.C. Section 1315a, 42 U.S.C. Section
127	127	1396a, or 42 U.S.C. Section 1396n, and as otherwise provided by
128	128	department rule.
129	129	(6) "Local intellectual and developmental disability
130	130	authority" has the meaning assigned by Section 531.002, Health and
131	131	Safety Code.
132	132	(7) "Local mental health authority" has the meaning
133	133	assigned by Section 531.002, Health and Safety Code.
134	134	(8) "Managed care organization" has the meaning
135	135	assigned by Section 533.001, Government Code.
136	136	(9) "Provider" means:
137	137	(A) a facility;
138	138	(B) a community center, local mental health
139	139	authority, and local intellectual and developmental disability
140	140	authority;
141	141	(C) a person who contracts with a health and
142	142	human services agency or managed care organization to provide home
143	143	and community-based services;
144	144	(D) a person who contracts with a Medicaid
145	145	managed care organization to provide behavioral health services;
146	146	(E) a managed care organization;
147	147	(F) an officer, employee, agent, contractor, or
148	148	subcontractor of a person or entity listed in Paragraphs (A)-(E);
149	149	and
150	150	(G) an employee, fiscal agent, case manager, or
151	151	service coordinator of an individual employer participating in the
152	152	consumer-directed service option, as defined by Section 531.051,
153	153	Government Code.
154	154	(b) The executive commissioner by rule shall adopt
155	155	definitions of "abuse," "neglect," "exploitation," and "an
156	156	individual receiving services" for purposes of this subchapter and
157	157	["exploitation" to govern] investigations conducted under this
158	158	subchapter [and Subchapter H].
159	159	Sec. 48.252. INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR
160	160	EXPLOITATION BY PROVIDER [IN CERTAIN FACILITIES AND IN COMMUNITY
161	161	CENTERS]. (a) The department shall receive and, except as provided
162	162	by Subsection (b), shall investigate under this subchapter reports
163	163	of the abuse, neglect, or exploitation of an individual [with a
164	164	disability] receiving services if the person alleged or suspected
165	165	to have committed the abuse, neglect, or exploitation is a
166	166	provider[:
167	167	[(1) in:
168	168	[(A) a mental health facility operated by the
169	169	Department of State Health Services; or
170	170	[(B) a facility licensed under Chapter 252,
171	171	Health and Safety Code;
172	172	[(2) in or from a community center, a local mental
173	173	health authority, or a local intellectual and developmental
174	174	disability authority; or
175	175	[(3) through a program providing services to that
176	176	person by contract with a mental health facility operated by the
177	177	Department of State Health Services, a community center, a local
178	178	mental health authority, or a local intellectual and developmental
179	179	disability authority].
180	180	(b) The department may not [shall receive and shall]
181	181	investigate under this subchapter reports of [the] abuse, neglect,
182	182	or exploitation alleged or suspected to have been committed by a
183	183	provider that is operated, licensed, certified, or registered by a
184	184	state agency that has authority under this chapter or other law to
185	185	investigate reports of abuse, neglect, or exploitation of an
186	186	individual by the provider. The department shall forward any
187	187	report of abuse, neglect, or exploitation alleged or suspected to
188	188	have been committed by a provider described by this subsection to
189	189	the appropriate state agency for investigation [of an individual
190	190	with a disability receiving services:
191	191	[(1) in a state supported living center or the ICF-IID
192	192	component of the Rio Grande State Center; or
193	193	[(2) through a program providing services to that
194	194	person by contract with a state supported living center or the
195	195	ICF-IID component of the Rio Grande State Center].
196	196	(c) The department shall receive and investigate under this
197	197	subchapter reports of abuse, neglect, or exploitation of an
198	198	individual who lives in a residence that is owned, operated, or
199	199	controlled by a provider who provides home and community-based
200	200	services under the home and community-based services waiver program
201	201	described by Section 534.001(11)(B), Government Code, regardless
202	202	of whether the individual is receiving services under that waiver
203	203	program from the provider. [The executive commissioner by rule
204	204	shall define who is "an individual with a disability receiving
205	205	services."
206	206	[(d) In this section, "community center," "local mental
207	207	health authority," and "local intellectual and developmental
208	208	disability authority" have the meanings assigned by Section
209	209	531.002, Health and Safety Code.]
210	210	Sec. 48.253. ACTION ON REPORT. (a) On receipt by the
211	211	department of a report of alleged abuse, neglect, or exploitation
212	212	under this subchapter, the department shall initiate a prompt and
213	213	thorough investigation as needed to evaluate the accuracy of the
214	214	report and to assess the need for emergency protective services,
215	215	unless the department, in accordance with rules adopted under this
216	216	subchapter, determines that the report:
217	217	(1) is frivolous or patently without a factual basis;
218	218	or
219	219	(2) does not concern abuse, neglect, or exploitation.
220	220	(b) After receiving a report that alleges that a provider is
221	221	or may be the person who committed the alleged abuse, neglect, or
222	222	exploitation, the department shall notify the provider and the
223	223	appropriate health and human services agency in accordance with
224	224	rules adopted by the executive commissioner.
225	225	(c) The provider identified under Subsection (b) shall:
226	226	(1) cooperate completely with an investigation
227	227	conducted under this subchapter; and
228	228	(2) provide the department complete access during an
229	229	investigation to:
230	230	(A) all sites owned, operated, or controlled by
231	231	the provider; and
232	232	(B) clients and client records.
233	233	(d) The executive commissioner shall adopt rules governing
234	234	investigations conducted under this subchapter.
235	235	Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (a) The
236	236	executive commissioner by rule shall establish procedures for the
237	237	department to use to [In accordance with department rules, the
238	238	department shall] forward a copy of the initial intake report and a
239	239	copy of the completed provider investigation report relating to
240	240	alleged or suspected abuse, neglect, or exploitation to the
241	241	appropriate provider and health and human services agency
242	242	[facility, community center, local mental health authority, local
243	243	intellectual and developmental disability authority, or program
244	244	providing mental health or intellectual disability services under
245	245	contract with the facility, community center, or authority].
246	246	(b) The department shall redact from an initial intake
247	247	report and from the copy of the completed provider investigation
248	248	report any identifying information contained in the report relating
249	249	to the person who reported the alleged or suspected abuse, neglect,
250	250	or exploitation under Section 48.051.
251	251	(c) A provider that receives a completed investigation
252	252	report under Subsection (a) shall forward the report to the managed
253	253	care organization with which the provider contracts for services
254	254	for the alleged victim.
255	255	Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS
256	256	SUBCHAPTER. (a) The executive commissioner [department, the
257	257	Department of Aging and Disability Services, and the Department of
258	258	State Health Services] shall adopt [develop] rules to:
259	259	(1) prioritize investigations conducted under this
260	260	subchapter with the primary criterion being whether there is a risk
261	261	that a delay in the investigation will impede the collection of
262	262	evidence in that investigation;
263	263	(2) [facilitate investigations in state mental health
264	264	facilities and state supported living centers.
265	265	[(b) The executive commissioner by rule shall] establish
266	266	procedures for resolving disagreements between the department and
267	267	health and human services agencies [the Department of Aging and
268	268	Disability Services or the Department of State Health Services]
269	269	concerning the department's investigation findings; and
270	270	(3) provide for an appeals process by the department
271	271	for the alleged victim of abuse, neglect, or exploitation.
272	272	(b) [(c) The department, the Department of Aging and
273	273	Disability Services, and the Department of State Health Services
274	274	shall develop and propose to the executive commissioner rules to
275	275	facilitate investigations in community centers, local mental
276	276	health authorities, and local intellectual and developmental
277	277	disability authorities.
278	278	[(c-1) The executive commissioner shall adopt rules
279	279	regarding investigations in a facility licensed under Chapter 252,
280	280	Health and Safety Code, to ensure that those investigations are as
281	281	consistent as practicable with other investigations conducted
282	282	under this subchapter.
283	283	[(d)] A confirmed investigation finding by the department
284	284	may not be changed by the administrator [a superintendent] of a
285	285	[state mental health] facility, [by a director of a state supported
286	286	living center, by a director of] a community center, [or by] a local
287	287	mental health authority, or a local intellectual and developmental
288	288	disability authority.
289	289	[(e) The executive commissioner shall provide by rule for an
290	290	appeals process by the alleged victim of abuse, neglect, or
291	291	exploitation under this section.
292	292	[(f) The executive commissioner by rule may assign
293	293	priorities to an investigation conducted by the department under
294	294	this section. The primary criterion used by the executive
295	295	commissioner in assigning a priority must be the risk that a delay
296	296	in the investigation will impede the collection of evidence.]
297	297	Sec. 48.256. SHARING PROVIDER INFORMATION. (a) The
298	298	executive commissioner shall adopt rules that prescribe the
299	299	appropriate manner in which health and human services agencies and
300	300	managed care organizations provide the department with information
301	301	necessary to facilitate identification of individuals receiving
302	302	services from providers and to facilitate notification of providers
303	303	by the department.
304	304	(b) The executive commissioner shall adopt rules requiring
305	305	a provider to provide information to the administering health and
306	306	human services agency necessary to facilitate identification by the
307	307	department of individuals receiving services from providers and to
308	308	facilitate notification of providers by the department.
309	309	(c) A provider of home and community-based services under
310	310	the home and community-based services waiver program described by
311	311	Section 534.001(11)(B), Government Code, shall post in a
312	312	conspicuous location inside any residence owned, operated, or
313	313	controlled by the provider in which home and community-based waiver
314	314	services are provided, a sign that states:
315	315	(1) the name, address, and telephone number of the
316	316	provider;
317	317	(2) the effective date of the provider's contract with
318	318	the applicable health and human services agency to provide home and
319	319	community-based services; and
320	320	(3) the name of the legal entity that contracted with
321	321	the applicable health and human services agency to provide those
322	322	services.
323	323	Sec. 48.257. RETALIATION PROHIBITED. (a) A provider of
324	324	home and community-based services may not retaliate against a
325	325	person for filing a report or providing information in good faith
326	326	relating to the possible abuse, neglect, or exploitation of an
327	327	individual receiving services.
328	328	(b) This section does not prohibit a provider of home and
329	329	community-based services from terminating an employee for a reason
330	330	other than retaliation.
331	331	Sec. 48.258. [SINGLE] TRACKING SYSTEM FOR REPORTS AND
332	332	INVESTIGATIONS. (a) The health and human services agencies
333	333	[department, the Department of Aging and Disability Services, and
334	334	the Department of State Health Services] shall, at the direction of
335	335	the executive commissioner, jointly develop and implement a
336	336	[single] system to track reports and investigations under this
337	337	subchapter.
338	338	(b) To facilitate implementation of the system, the health
339	339	and human services agencies [department, the Department of Aging
340	340	and Disability Services, and the Department of State Health
341	341	Services] shall use appropriate methods of measuring the number and
342	342	outcome of reports and investigations under this subchapter.
343	343	SECTION 9. Section 48.301, Human Resources Code, is amended
344	344	by amending Subsection (a), as amended by S.B. No. 219, Acts of the
345	345	84th Legislature, Regular Session, 2015, and adding Subsection
346	346	(a-1) to read as follows:
347	347	(a) If the department receives a report of suspected abuse,
348	348	neglect, or exploitation of an elderly person or a person with a
349	349	disability[, other than a person with a disability who is]
350	350	receiving services [as described by Section 48.252,] in a facility
351	351	operated, licensed, certified, or registered by a state agency, the
352	352	department shall refer the report to that agency.
353	353	(a-1) This subchapter does not apply to a report of
354	354	suspected abuse, neglect, or exploitation of an individual
355	355	receiving services from a provider as described by Subchapter F.
356	356	SECTION 10. Sections 48.401(1) and (3), Human Resources
357	357	Code, are amended to read as follows:
358	358	(1) "Agency" means:
359	359	(A) an entity licensed under Chapter 142, Health
360	360	and Safety Code;
361	361	(B) a person exempt from licensing under Section
362	362	142.003(a)(19), Health and Safety Code;
363	363	(C) a facility licensed under Chapter 252, Health
364	364	and Safety Code; or
365	365	(D) a provider [an entity] investigated by the
366	366	department under Subchapter F or under Section 261.404, Family
367	367	Code.
368	368	(3) "Employee" means a person who:
369	369	(A) works for:
370	370	(i) an agency; or
371	371	(ii) an individual employer participating
372	372	in the consumer-directed service option, as defined by Section
373	373	531.051, Government Code;
374	374	(B) provides personal care services, active
375	375	treatment, or any other [personal] services to an individual
376	376	receiving agency services, an individual who is a child for whom an
377	377	investigation is authorized under Section 261.404, Family Code, or
378	378	an individual receiving services through the consumer-directed
379	379	service option, as defined by Section 531.051, Government Code; and
380	380	(C) is not licensed by the state to perform the
381	381	services the person performs for the agency or the individual
382	382	employer participating in the consumer-directed service option, as
383	383	defined by Section 531.051, Government Code.
384	384	SECTION 11. The heading to Section 261.404, Family Code, as
385	385	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
386	386	Session, 2015, is amended to read as follows:
387	387	Sec. 261.404. INVESTIGATIONS REGARDING CERTAIN CHILDREN
388	388	RECEIVING SERVICES FROM CERTAIN PROVIDERS [WITH MENTAL ILLNESS OR
389	389	AN INTELLECTUAL DISABILITY].
390	390	SECTION 12. Section 261.404, Family Code, as amended by
391	391	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
392	392	is amended by amending Subsections (a) and (b) and adding
393	393	Subsections (a-1), (a-2), and (a-3) to read as follows:
394	394	(a) The department shall investigate a report of abuse,
395	395	neglect, or exploitation of a child receiving services from a
396	396	provider, as those terms are defined by Section 48.251, Human
397	397	Resources Code, or as otherwise defined by rule. The department
398	398	shall also investigate, under Subchapter F, Chapter 48, Human
399	399	Resources Code, a report of abuse, neglect, or exploitation of a
400	400	child receiving services from an officer, employee, agent,
401	401	contractor, or subcontractor of a home and community support
402	402	services agency licensed under Chapter 142, Health and Safety Code,
403	403	if the officer, employee, agent, contractor, or subcontractor is or
404	404	may be the person alleged to have committed the abuse, neglect, or
405	405	exploitation[:
406	406	[(1) in a facility operated by the Department of Aging
407	407	and Disability Services or a mental health facility operated by the
408	408	Department of State Health Services;
409	409	[(2) in or from a community center, a local mental
410	410	health authority, or a local intellectual and developmental
411	411	disability authority;
412	412	[(3) through a program providing services to that
413	413	child by contract with a facility operated by the Department of
414	414	Aging and Disability Services, a mental health facility operated by
415	415	the Department of State Health Services, a community center, a
416	416	local mental health authority, or a local intellectual and
417	417	developmental disability authority;
418	418	[(4) from a provider of home and community-based
419	419	services who contracts with the Department of Aging and Disability
420	420	Services; or
421	421	[(5) in a facility licensed under Chapter 252, Health
422	422	and Safety Code].
423	423	(a-1) For an investigation of a child living in a residence
424	424	owned, operated, or controlled by a provider of services under the
425	425	home and community-based services waiver program described by
426	426	Section 534.001(11)(B), Government Code, the department, in
427	427	accordance with Subchapter E, Chapter 48, Human Resources Code, may
428	428	provide emergency protective services necessary to immediately
429	429	protect the child from serious physical harm or death and, if
430	430	necessary, obtain an emergency order for protective services under
431	431	Section 48.208, Human Resources Code.
432	432	(a-2) For an investigation of a child living in a residence
433	433	owned, operated, or controlled by a provider of services under the
434	434	home and community-based services waiver program described by
435	435	Section 534.001(11)(B), Government Code, regardless of whether the
436	436	child is receiving services under that waiver program from the
437	437	provider, the department shall provide protective services to the
438	438	child in accordance with Subchapter E, Chapter 48, Human Resources
439	439	Code.
440	440	(a-3) For purposes of this section, Subchapters E and F,
441	441	Human Resources Code, apply to an investigation of a child and to
442	442	the provision of protective services to that child in the same
443	443	manner those subchapters apply to an investigation of an elderly
444	444	person or person with a disability and the provision of protective
445	445	services to that person.
446	446	(b) The department shall investigate the report under rules
447	447	developed by the executive commissioner [with the advice and
448	448	assistance of the department, the Department of Aging and
449	449	Disability Services, and the Department of State Health Services].
450	450	SECTION 13. Section 142.009(c), Health and Safety Code, is
451	451	amended to read as follows:
452	452	(c) The department or its authorized representative shall
453	453	investigate each complaint received regarding the provision of home
454	454	health, hospice, or personal assistance services[, including any
455	455	allegation of abuse, neglect, or exploitation of a child under the
456	456	age of 18,] and may, as a part of the investigation:
457	457	(1) conduct an unannounced survey of a place of
458	458	business, including an inspection of medical and personnel records,
459	459	if the department has reasonable cause to believe that the place of
460	460	business is in violation of this chapter or a rule adopted under
461	461	this chapter;
462	462	(2) conduct an interview with a recipient of home
463	463	health, hospice, or personal assistance services, which may be
464	464	conducted in the recipient's home if the recipient consents;
465	465	(3) conduct an interview with a family member of a
466	466	recipient of home health, hospice, or personal assistance services
467	467	who is deceased or other person who may have knowledge of the care
468	468	received by the deceased recipient of the home health, hospice, or
469	469	personal assistance services; or
470	470	(4) interview a physician or other health care
471	471	practitioner, including a member of the personnel of a home and
472	472	community support services agency, who cares for a recipient of
473	473	home health, hospice, or personal assistance services.
474	474	SECTION 14. Section 260A.002, Health and Safety Code, is
475	475	amended by adding Subsection (a-1) to read as follows:
476	476	(a-1) Notwithstanding any other provision of this chapter,
477	477	a report made under this section that a provider is or may be
478	478	alleged to have committed abuse, neglect, or exploitation of a
479	479	resident of a facility other than a prescribed pediatric extended
480	480	care center shall be investigated by the Department of Family and
481	481	Protective Services in accordance with Subchapter F, Chapter 48,
482	482	Human Resources Code, and this chapter does not apply to that
483	483	investigation. In this subsection, "facility" and "provider" have
484	484	the meanings assigned by Section 48.251, Human Resources Code.
485	485	SECTION 15. The following are repealed:
486	486	(1) Section 261.404(f), Family Code, as amended by
487	487	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015;
488	488	and
489	489	(2) Subchapter H, Chapter 48, Human Resources Code.
490	490	SECTION 16. This Act takes effect September 1, 2015.