Texas 2019 - 86th Regular

Texas House Bill HB3170 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13728 JG-D
2	2	By: Leach H.B. No. 3170
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an interim registry for certain
8	8	persons who have been accused of employee misconduct who are
9	9	employed by a facility that provides care to individuals with an
10	10	intellectual disability.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 253.003, Health and Safety Code, is
13	13	amended by adding Subsection (d) to read as follows:
14	14	(d) If the employee notified of the violation makes a timely
15	15	request for a hearing on the determination, the commission shall
16	16	record the reportable conduct in the interim registry under Section
17	17	253.0035 in a manner that is consistent with that section.
18	18	SECTION 2. Chapter 253, Health and Safety Code, is amended
19	19	by adding Section 253.0035 to read as follows:
20	20	Sec. 253.0035. INTERIM REGISTRY. (a) The commission shall
21	21	establish an interim registry of employees against whom a
22	22	determination or finding of reportable conduct is made and who have
23	23	made timely requests for hearings on the determinations or findings
24	24	under Section 253.003 of this code or Section 48.404, Human
25	25	Resources Code. The information included in the interim registry
26	26	must include:
27	27	(1) the employee's name;
28	28	(2) the employee's address;
29	29	(3) the employee's social security number;
30	30	(4) the name of the facility or individual employer of
31	31	the employee;
32	32	(5) the address of the facility or individual employer
33	33	of the employee;
34	34	(6) the date on which the reportable conduct occurred;
35	35	and
36	36	(7) a description of the reportable conduct.
37	37	(b) The executive commissioner by rule shall require a
38	38	provider participating in the home and community-based services
39	39	(HCS) waiver program or the Texas home living (TxHmL) waiver
40	40	program to take necessary actions regarding an employee who is
41	41	included in the interim registry. The actions taken by a provider
42	42	under this subsection:
43	43	(1) must be based on the seriousness of the reportable
44	44	conduct for which the employee is included in the interim registry;
45	45	and
46	46	(2) may include:
47	47	(A) additional monitoring;
48	48	(B) reassignment; or
49	49	(C) suspension.
50	50	(c) The commission immediately shall remove an employee
51	51	from the interim registry after a final decision on the reportable
52	52	conduct is made and all rights to appeal the decision have been
53	53	exhausted.
54	54	(d) Information contained in the interim registry is
55	55	confidential and not subject to disclosure under Chapter 552,
56	56	Government Code. Confidential information contained in the interim
57	57	registry may be disclosed to appropriate persons only in accordance
58	58	with commission rules.
59	59	SECTION 3. Section 48.404, Human Resources Code, is amended
60	60	by adding Subsection (d) to read as follows:
61	61	(d) If the employee notified of the violation makes a timely
62	62	request for a hearing on the finding, the commission shall record
63	63	the reportable conduct in the interim registry under Section
64	64	253.0035, Health and Safety Code, in a manner that is consistent
65	65	with that section.
66	66	SECTION 4. As soon as practicable after the effective date
67	67	of this Act, the executive commissioner of the Health and Human
68	68	Services Commission shall adopt rules as necessary to implement the
69	69	changes in law made by this Act.
70	70	SECTION 5. This Act takes effect September 1, 2019.