Texas 2015 - 84th Regular

Texas Senate Bill SB1880 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini S.B. No. 1880
2		-	(Raymond)
	1	+	S.B. No. 1880
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the authority of the Department of Family and
8	6		Protective Services to investigate abuse, neglect, or exploitation
9	7		of individuals receiving services from certain providers.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 48.002(a), Human Resources Code, is
12	10		amended by adding Subdivision (11) to read as follows:
13	11		(11) "Home and community-based services" has the
14	12		meaning assigned by Section 48.251.
15	13		SECTION 2. Section 48.002(b), Human Resources Code, as
16	14		amended by S.B. No. 219, Acts of the 84th Legislature, Regular
17	15		Session, 2015, is amended to read as follows:
18	16		(b) The definitions of "abuse," "neglect," [and]
19	17		"exploitation," and "an individual receiving services" adopted by
20	18		the executive commissioner as prescribed by Section 48.251(b)
21	19		[48.251] apply to an investigation of abuse, neglect, or
22	20		exploitation conducted under Subchapter F [or H].
23	21		SECTION 3. Section 48.003, Human Resources Code, is amended
24	22		to read as follows:
25	23		Sec. 48.003. INVESTIGATIONS IN NURSING FACILITIES [HOMES],
26	24		ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES. (a) Except as
27	25		provided by Subsection (c), this [This] chapter does not apply if
28	26		the alleged or suspected abuse, neglect, or exploitation occurs in
29	27		a facility licensed under Chapter 242 or 247, Health and Safety
30	28		Code.
31	29		(b) Alleged or suspected abuse, neglect, or exploitation
32	30		that occurs in a facility licensed under Chapter 242 or 247, Health
33	31		and Safety Code, is governed by Chapter 260A, Health and Safety
34	32		Code, except as otherwise provided by Subsection (c).
35	33		(c) Subchapter F applies to an investigation of alleged or
36	34		suspected abuse, neglect, or exploitation in which a provider of
37	35		home and community-based services is or may be alleged to have
38	36		committed the abuse, neglect, or exploitation, regardless of
39	37		whether the facility in which those services were provided is
40	38		licensed under Chapter 242 or 247, Health and Safety Code.
41	39		SECTION 4. Sections 48.051(a) and (b), Human Resources
42	40		Code, as amended by S.B. No. 219, Acts of the 84th Legislature,
43	41		Regular Session, 2015, are amended to read as follows:
44	42		(a) Except as prescribed by Subsection (b), a person having
45	43		cause to believe that an elderly person, a [or] person with a
46	44		disability, or an individual receiving services from a provider as
47	45		described by Subchapter F is in the state of abuse, neglect, or
48	46		exploitation[, including a person with a disability who is
49	47		receiving services as described by Section 48.252,] shall report
50	48		the information required by Subsection (d) immediately to the
51	49		department.
52	50		(b) If a person has cause to believe that an elderly person
53	51		or a person with a disability, other than an individual [a person
54	52		with a disability] receiving services from a provider as described
55	53		by Subchapter F [Section 48.252], has been abused, neglected, or
56	54		exploited in a facility operated, licensed, certified, or
57	55		registered by a state agency, the person shall report the
58	56		information to the state agency that operates, licenses, certifies,
59	57		or registers the facility for investigation by that agency.
60	58		SECTION 5. Section 48.103, Human Resources Code, is amended
61	59		by amending Subsection (a), as amended by S.B. No. 219, Acts of the
62	60		84th Legislature, Regular Session, 2015, and adding Subsection (c)
63	61		to read as follows:
64	62		(a) Except as otherwise provided by Subsection (c), on [On]
65	63		determining after an investigation that an elderly person or a
66	64		person with a disability has been abused, exploited, or neglected
67	65		by an employee of a home and community support services agency
68	66		licensed under Chapter 142, Health and Safety Code, the department
69	67		shall:
70	68		(1) notify the state agency responsible for licensing
71	69		the home and community support services agency of the department's
72	70		determination;
73	71		(2) notify any health and human services agency, as
74	72		defined by Section 531.001, Government Code, that contracts with
75	73		the home and community support services agency for the delivery of
76	74		health care services of the department's determination; and
77	75		(3) provide to the licensing state agency and any
78	76		contracting health and human services agency access to the
79	77		department's records or documents relating to the department's
80	78		investigation.
81	79		(c) This section does not apply to an investigation of
82	80		alleged or suspected abuse, neglect, or exploitation in which a
83	81		provider, as defined by Section 48.251, is or may be alleged to have
84	82		committed the abuse, neglect, or exploitation. An investigation
85	83		described by this subsection is governed by Subchapter F.
86	84		SECTION 6. Section 48.151(e), Human Resources Code, is
87	85		amended to read as follows:
88	86		(e) This section does not apply to investigations conducted
89	87		under Subchapter F [or H].
90	88		SECTION 7. Section 48.201, Human Resources Code, as amended
91	89		by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
92	90		2015, is amended to read as follows:
93	91		Sec. 48.201. APPLICATION OF SUBCHAPTER. Except as
94	92		otherwise provided, this subchapter does not apply to an
95	93		investigation conducted under Subchapter F [or H].
96	94		SECTION 8. Subchapter F, Chapter 48, Human Resources Code,
97	95		as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
98	96		Session, 2015, is amended to read as follows:
99	97		SUBCHAPTER F. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION
100	98		OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS [IN
101	99		CERTAIN FACILITIES, COMMUNITY CENTERS, AND LOCAL MENTAL HEALTH AND
102	100		INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES]
103	101		Sec. 48.251. DEFINITIONS. (a) In this subchapter:
104	102		(1) "Behavioral health services" means:
105	103		(A) mental health services, as defined by Section
106	104		531.002, Health and Safety Code; and
107	105		(B) interventions provided to treat chemical
108	106		dependency, as defined by Section 461A.002, Health and Safety Code.
109	107		(2) "Community center" has the meaning assigned by
110	108		Section 531.002, Health and Safety Code.
111	109		(3) "Facility" means:
112	110		(A) a facility listed in Section 532.001(b) or
113	111		532A.001(b), Health and Safety Code, including community services
114	112		operated by the Department of State Health Services or Department
115	113		of Aging and Disability Services, as described by those sections,
116	114		or a person contracting with a health and human services agency to
117	115		provide inpatient mental health services; and
118	116		(B) a facility licensed under Chapter 252, Health
119	117		and Safety Code.
120	118		(4) "Health and human services agency" has the meaning
121	119		assigned by Section 531.001, Government Code.
122	120		(5) "Home and community-based services" means
123	121		services provided in the home or community in accordance with 42
124	122		U.S.C. Section 1315, 42 U.S.C. Section 1315a, 42 U.S.C. Section
125	123		1396a, or 42 U.S.C. Section 1396n, and as otherwise provided by
126	124		department rule.
127	125		(6) "Local intellectual and developmental disability
128	126		authority" has the meaning assigned by Section 531.002, Health and
129	127		Safety Code.
130	128		(7) "Local mental health authority" has the meaning
131	129		assigned by Section 531.002, Health and Safety Code.
132	130		(8) "Managed care organization" has the meaning
133	131		assigned by Section 533.001, Government Code.
134	132		(9) "Provider" means:
135	133		(A) a facility;
136	134		(B) a community center, local mental health
137	135		authority, and local intellectual and developmental disability
138	136		authority;
139	137		(C) a person who contracts with a health and
140	138		human services agency or managed care organization to provide home
141	139		and community-based services;
142	140		(D) a person who contracts with a Medicaid
143	141		managed care organization to provide behavioral health services;
144	142		(E) a managed care organization;
145	143		(F) an officer, employee, agent, contractor, or
146	144		subcontractor of a person or entity listed in Paragraphs (A)-(E);
147	145		and
148	146		(G) an employee, fiscal agent, case manager, or
149	147		service coordinator of an individual employer participating in the
150	148		consumer-directed service option, as defined by Section 531.051,
151	149		Government Code.
152	150		(b) The executive commissioner by rule shall adopt
153	151		definitions of "abuse," "neglect," "exploitation," and "an
154	152		individual receiving services" for purposes of this subchapter and
155	153		["exploitation" to govern] investigations conducted under this
156	154		subchapter [and Subchapter H].
157	155		Sec. 48.252. INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR
158	156		EXPLOITATION BY PROVIDER [IN CERTAIN FACILITIES AND IN COMMUNITY
159	157		CENTERS]. (a) The department shall receive and, except as
160	158		provided by Subsection (b), shall investigate under this subchapter
161	159		reports of the abuse, neglect, or exploitation of an individual
162	160		[with a disability] receiving services if the person alleged or
163	161		suspected to have committed the abuse, neglect, or exploitation is
164	162		a provider[:
165	163		[(1) in:
166	164		[(A) a mental health facility operated by the
167	165		Department of State Health Services; or
168	166		[(B) a facility licensed under Chapter 252,
169	167		Health and Safety Code;
170	168		[(2) in or from a community center, a local mental
171	169		health authority, or a local intellectual and developmental
172	170		disability authority; or
173	171		[(3) through a program providing services to that
174	172		person by contract with a mental health facility operated by the
175	173		Department of State Health Services, a community center, a local
176	174		mental health authority, or a local intellectual and developmental
177	175		disability authority].
178	176		(b) The department may not [shall receive and shall]
179	177		investigate under this subchapter reports of [the] abuse, neglect,
180	178		or exploitation alleged or suspected to have been committed by a
181	179		provider that is operated, licensed, certified, or registered by a
182	180		state agency that has authority under this chapter or other law to
183	181		investigate reports of abuse, neglect, or exploitation of an
184	182		individual by the provider. The department shall forward any
185	183		report of abuse, neglect, or exploitation alleged or suspected to
186	184		have been committed by a provider described by this subsection to
187	185		the appropriate state agency for investigation [of an individual
188	186		with a disability receiving services:
189	187		[(1) in a state supported living center or the ICF-IID
190	188		component of the Rio Grande State Center; or
191	189		[(2) through a program providing services to that
192	190		person by contract with a state supported living center or the
193	191		ICF-IID component of the Rio Grande State Center].
194	192		(c) The department shall receive and investigate under this
195	193		subchapter reports of abuse, neglect, or exploitation of an
196	194		individual who lives in a residence that is owned, operated, or
197	195		controlled by a provider who provides home and community-based
198	196		services under the home and community-based services waiver program
199	197		described by Section 534.001(11)(B), Government Code, regardless
200	198		of whether the individual is receiving services under that waiver
201	199		program from the provider. [The executive commissioner by rule
202	200		shall define who is "an individual with a disability receiving
203	201		services."
204	202		[(d) In this section, "community center," "local mental
205	203		health authority," and "local intellectual and developmental
206	204		disability authority" have the meanings assigned by Section
207	205		531.002, Health and Safety Code.]
208	206		Sec. 48.253. ACTION ON REPORT. (a) On receipt by the
209	207		department of a report of alleged abuse, neglect, or exploitation
210	208		under this subchapter, the department shall initiate a prompt and
211	209		thorough investigation as needed to evaluate the accuracy of the
212	210		report and to assess the need for emergency protective services,
213	211		unless the department, in accordance with rules adopted under this
214	212		subchapter, determines that the report:
215	213		(1) is frivolous or patently without a factual basis;
216	214		or
217	215		(2) does not concern abuse, neglect, or exploitation.
218	216		(b) After receiving a report that alleges that a provider is
219	217		or may be the person who committed the alleged abuse, neglect, or
220	218		exploitation, the department shall notify the provider and the
221	219		appropriate health and human services agency in accordance with
222	220		rules adopted by the executive commissioner.
223	221		(c) The provider identified under Subsection (b) shall:
224	222		(1) cooperate completely with an investigation
225	223		conducted under this subchapter; and
226	224		(2) provide the department complete access during an
227	225		investigation to:
228	226		(A) all sites owned, operated, or controlled by
229	227		the provider; and
230	228		(B) clients and client records.
231	229		(d) The executive commissioner shall adopt rules governing
232	230		investigations conducted under this subchapter.
233	231		Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (a) The
234	232		executive commissioner by rule shall establish procedures for the
235	233		department to use to [In accordance with department rules, the
236	234		department shall] forward a copy of the initial intake report and a
237	235		copy of the completed provider investigation report relating to
238	236		alleged or suspected abuse, neglect, or exploitation to the
239	237		appropriate provider and health and human services agency
240	238		[facility, community center, local mental health authority, local
241	239		intellectual and developmental disability authority, or program
242	240		providing mental health or intellectual disability services under
243	241		contract with the facility, community center, or authority].
244	242		(b) The department shall redact from an initial intake
245	243		report and from the copy of the completed provider investigation
246	244		report any identifying information contained in the report relating
247	245		to the person who reported the alleged or suspected abuse, neglect,
248	246		or exploitation under Section 48.051.
249	247		(c) A provider that receives a completed investigation
250	248		report under Subsection (a) shall forward the report to the managed
251	249		care organization with which the provider contracts for services
252	250		for the alleged victim.
253	251		Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS
254	252		SUBCHAPTER. (a) The executive commissioner [department, the
255	253		Department of Aging and Disability Services, and the Department of
256	254		State Health Services] shall adopt [develop] rules to:
257	255		(1) prioritize investigations conducted under this
258	256		subchapter with the primary criterion being whether there is a risk
259	257		that a delay in the investigation will impede the collection of
260	258		evidence in that investigation;
261	259		(2) [facilitate investigations in state mental health
262	260		facilities and state supported living centers.
263	261		[(b) The executive commissioner by rule shall] establish
264	262		procedures for resolving disagreements between the department and
265	263		health and human services agencies [the Department of Aging and
266	264		Disability Services or the Department of State Health Services]
267	265		concerning the department's investigation findings; and
268	266		(3) provide for an appeals process by the department
269	267		for the alleged victim of abuse, neglect, or exploitation.
270	268		(b) [(c) The department, the Department of Aging and
271	269		Disability Services, and the Department of State Health Services
272	270		shall develop and propose to the executive commissioner rules to
273	271		facilitate investigations in community centers, local mental
274	272		health authorities, and local intellectual and developmental
275	273		disability authorities.
276	274		[(c-1) The executive commissioner shall adopt rules
277	275		regarding investigations in a facility licensed under Chapter 252,
278	276		Health and Safety Code, to ensure that those investigations are as
279	277		consistent as practicable with other investigations conducted
280	278		under this subchapter.
281	279		[(d)] A confirmed investigation finding by the department
282	280		may not be changed by the administrator [a superintendent] of a
283	281		[state mental health] facility, [by a director of a state supported
284	282		living center, by a director of] a community center, [or by] a local
285	283		mental health authority, or a local intellectual and developmental
286	284		disability authority.
287	285		[(e) The executive commissioner shall provide by rule for an
288	286		appeals process by the alleged victim of abuse, neglect, or
289	287		exploitation under this section.
290	288		[(f) The executive commissioner by rule may assign
291	289		priorities to an investigation conducted by the department under
292	290		this section. The primary criterion used by the executive
293	291		commissioner in assigning a priority must be the risk that a delay
294	292		in the investigation will impede the collection of evidence.]
295	293		Sec. 48.256. SHARING PROVIDER INFORMATION. (a) The
296	294		executive commissioner shall adopt rules that prescribe the
297	295		appropriate manner in which health and human services agencies and
298	296		managed care organizations provide the department with information
299	297		necessary to facilitate identification of individuals receiving
300	298		services from providers and to facilitate notification of providers
301	299		by the department.
302	300		(b) The executive commissioner shall adopt rules requiring
303	301		a provider to provide information to the administering health and
304	302		human services agency necessary to facilitate identification by the
305	303		department of individuals receiving services from providers and to
306	304		facilitate notification of providers by the department.
307	305		(c) A provider of home and community-based services under
308	306		the home and community-based services waiver program described by
309	307		Section 534.001(11)(B), Government Code, shall post in a
310	308		conspicuous location inside any residence owned, operated, or
311	309		controlled by the provider in which home and community-based waiver
312	310		services are provided, a sign that states:
313	311		(1) the name, address, and telephone number of the
314	312		provider;
315	313		(2) the effective date of the provider's contract with
316	314		the applicable health and human services agency to provide home and
317	315		community-based services; and
318	316		(3) the name of the legal entity that contracted with
319	317		the applicable health and human services agency to provide those
320	318		services.
321	319		Sec. 48.257. RETALIATION PROHIBITED. (a) A provider of
322	320		home and community-based services may not retaliate against a
323	321		person for filing a report or providing information in good faith
324	322		relating to the possible abuse, neglect, or exploitation of an
325	323		individual receiving services.
326	324		(b) This section does not prohibit a provider of home and
327	325		community-based services from terminating an employee for a reason
328	326		other than retaliation.
329	327		Sec. 48.258. [SINGLE] TRACKING SYSTEM FOR REPORTS AND
330	328		INVESTIGATIONS. (a) The health and human services agencies
331	329		[department, the Department of Aging and Disability Services, and
332	330		the Department of State Health Services] shall, at the direction of
333	331		the executive commissioner, jointly develop and implement a
334	332		[single] system to track reports and investigations under this
335	333		subchapter.
336	334		(b) To facilitate implementation of the system, the health
337	335		and human services agencies [department, the Department of Aging
338	336		and Disability Services, and the Department of State Health
339	337		Services] shall use appropriate methods of measuring the number and
340	338		outcome of reports and investigations under this subchapter.
341	339		SECTION 9. Section 48.301, Human Resources Code, is amended
342	340		by amending Subsection (a), as amended by S.B. No. 219, Acts of the
343	341		84th Legislature, Regular Session, 2015, and adding Subsection
344	342		(a-1) to read as follows:
345	343		(a) If the department receives a report of suspected abuse,
346	344		neglect, or exploitation of an elderly person or a person with a
347	345		disability[, other than a person with a disability who is]
348	346		receiving services [as described by Section 48.252,] in a facility
349	347		operated, licensed, certified, or registered by a state agency, the
350	348		department shall refer the report to that agency.
351	349		(a-1) This subchapter does not apply to a report of
352	350		suspected abuse, neglect, or exploitation of an individual
353	351		receiving services from a provider as described by Subchapter F.
354	352		SECTION 10. Sections 48.401(1) and (3), Human Resources
355	353		Code, are amended to read as follows:
356	354		(1) "Agency" means:
357	355		(A) an entity licensed under Chapter 142, Health
358	356		and Safety Code;
359	357		(B) a person exempt from licensing under Section
360	358		142.003(a)(19), Health and Safety Code;
361	359		(C) a facility licensed under Chapter 252, Health
362	360		and Safety Code; or
363	361		(D) a provider [an entity] investigated by the
364	362		department under Subchapter F or under Section 261.404, Family
365	363		Code.
366	364		(3) "Employee" means a person who:
367	365		(A) works for:
368	366		(i) an agency; or
369	367		(ii) an individual employer participating
370	368		in the consumer-directed service option, as defined by Section
371	369		531.051, Government Code;
372	370		(B) provides personal care services, active
373	371		treatment, or any other [personal] services to an individual
374	372		receiving agency services, an individual who is a child for whom an
375	373		investigation is authorized under Section 261.404, Family Code, or
376	374		an individual receiving services through the consumer-directed
377	375		service option, as defined by Section 531.051, Government Code; and
378	376		(C) is not licensed by the state to perform the
379	377		services the person performs for the agency or the individual
380	378		employer participating in the consumer-directed service option, as
381	379		defined by Section 531.051, Government Code.
382	380		SECTION 11. The heading to Section 261.404, Family Code, as
383	381		amended by S.B. No. 219, Acts of the 84th Legislature, Regular
384	382		Session, 2015, is amended to read as follows:
385	383		Sec. 261.404. INVESTIGATIONS REGARDING CERTAIN CHILDREN
386	384		RECEIVING SERVICES FROM CERTAIN PROVIDERS [WITH MENTAL ILLNESS OR
387	385		AN INTELLECTUAL DISABILITY].
388	386		SECTION 12. Section 261.404, Family Code, as amended by
389	387		S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
390	388		is amended by amending Subsections (a) and (b) and adding
391	389		Subsections (a-1), (a-2), and (a-3) to read as follows:
392	390		(a) The department shall investigate a report of abuse,
393	391		neglect, or exploitation of a child receiving services from a
394	392		provider, as those terms are defined by Section 48.251, Human
395	393		Resources Code, or as otherwise defined by rule. The department
396	394		shall also investigate, under Subchapter F, Chapter 48, Human
397	395		Resources Code, a report of abuse, neglect, or exploitation of a
398	396		child receiving services from an officer, employee, agent,
399	397		contractor, or subcontractor of a home and community support
400	398		services agency licensed under Chapter 142, Health and Safety Code,
401	399		if the officer, employee, agent, contractor, or subcontractor is or
402	400		may be the person alleged to have committed the abuse, neglect, or
403	401		exploitation[:
404	402		[(1) in a facility operated by the Department of Aging
405	403		and Disability Services or a mental health facility operated by the
406	404		Department of State Health Services;
407	405		[(2) in or from a community center, a local mental
408	406		health authority, or a local intellectual and developmental
409	407		disability authority;
410	408		[(3) through a program providing services to that
411	409		child by contract with a facility operated by the Department of
412	410		Aging and Disability Services, a mental health facility operated by
413	411		the Department of State Health Services, a community center, a
414	412		local mental health authority, or a local intellectual and
415	413		developmental disability authority;
416	414		[(4) from a provider of home and community-based
417	415		services who contracts with the Department of Aging and Disability
418	416		Services; or
419	417		[(5) in a facility licensed under Chapter 252, Health
420	418		and Safety Code].
421	419		(a-1) For an investigation of a child living in a residence
422	420		owned, operated, or controlled by a provider of services under the
423	421		home and community-based services waiver program described by
424	422		Section 534.001(11)(B), Government Code, the department, in
425	423		accordance with Subchapter E, Chapter 48, Human Resources Code, may
426	424		provide emergency protective services necessary to immediately
427	425		protect the child from serious physical harm or death and, if
428	426		necessary, obtain an emergency order for protective services under
429	427		Section 48.208, Human Resources Code.
430	428		(a-2) For an investigation of a child living in a residence
431	429		owned, operated, or controlled by a provider of services under the
432	430		home and community-based services waiver program described by
433	431		Section 534.001(11)(B), Government Code, regardless of whether the
434	432		child is receiving services under that waiver program from the
435	433		provider, the department shall provide protective services to the
436	434		child in accordance with Subchapter E, Chapter 48, Human Resources
437	435		Code.
438	436		(a-3) For purposes of this section, Subchapters E and F,
439	437		Chapter 48, Human Resources Code, apply to an investigation of a
440	438		child and to the provision of protective services to that child in
441	439		the same manner those subchapters apply to an investigation of an
442	440		elderly person or person with a disability and the provision of
443	441		protective services to that person.
444	442		(b) The department shall investigate the report under rules
445	443		developed by the executive commissioner [with the advice and
446	444		assistance of the department, the Department of Aging and
447	445		Disability Services, and the Department of State Health Services].
448	446		SECTION 13. Section 142.009(c), Health and Safety Code, is
449	447		amended to read as follows:
450	448		(c) The department or its authorized representative shall
451	449		investigate each complaint received regarding the provision of home
452	450		health, hospice, or personal assistance services[, including any
453	451		allegation of abuse, neglect, or exploitation of a child under the
454	452		age of 18,] and may, as a part of the investigation:
455	453		(1) conduct an unannounced survey of a place of
456	454		business, including an inspection of medical and personnel records,
457	455		if the department has reasonable cause to believe that the place of
458	456		business is in violation of this chapter or a rule adopted under
459	457		this chapter;
460	458		(2) conduct an interview with a recipient of home
461	459		health, hospice, or personal assistance services, which may be
462	460		conducted in the recipient's home if the recipient consents;
463	461		(3) conduct an interview with a family member of a
464	462		recipient of home health, hospice, or personal assistance services
465	463		who is deceased or other person who may have knowledge of the care
466	464		received by the deceased recipient of the home health, hospice, or
467	465		personal assistance services; or
468	466		(4) interview a physician or other health care
469	467		practitioner, including a member of the personnel of a home and
470	468		community support services agency, who cares for a recipient of
471	469		home health, hospice, or personal assistance services.
472	470		SECTION 14. Section 260A.002, Health and Safety Code, is
473	471		amended by adding Subsection (a-1) to read as follows:
474	472		(a-1) Notwithstanding any other provision of this chapter,
475	473		a report made under this section that a provider is or may be
476	474		alleged to have committed abuse, neglect, or exploitation of a
477	475		resident of a facility other than a prescribed pediatric extended
478	476		care center shall be investigated by the Department of Family and
479	477		Protective Services in accordance with Subchapter F, Chapter 48,
480	478		Human Resources Code, and this chapter does not apply to that
481	479		investigation. In this subsection, "facility" and "provider" have
482	480		the meanings assigned by Section 48.251, Human Resources Code.
483	481		SECTION 15. The following are repealed:
484	482		(1) Section 261.404(f), Family Code, as amended by
485	483		S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015;
486	484		and
487	485		(2) Subchapter H, Chapter 48, Human Resources Code.
488	486		SECTION 16. This Act takes effect September 1, 2015.
	487	+	______________________________ ______________________________
	488	+	President of the Senate Speaker of the House
	489	+	I hereby certify that S.B. No. 1880 passed the Senate on
	490	+	April 28, 2015, by the following vote: Yeas 31, Nays 0.
	491	+	______________________________
	492	+	Secretary of the Senate
	493	+	I hereby certify that S.B. No. 1880 passed the House on
	494	+	May 26, 2015, by the following vote: Yeas 144, Nays 2, two
	495	+	present not voting.
	496	+	______________________________
	497	+	Chief Clerk of the House
	498	+	Approved:
	499	+	______________________________
	500	+	Date
	501	+	______________________________
	502	+	Governor