TX
Texas House Bill HB1592

Texas 2021 - 87th Regular

Texas House Bill HB1592

Caption

Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct and are employed by a facility that provides care to individuals with an intellectual disability.

Impact

The implementation of this bill will amend several sections of the Health and Safety Code, specifically by adding provisions for the creation, maintenance, and access of the interim registry. It provides for direct access to this registry for providers in specific home and community-based services programs, thereby ensuring that they can make informed hiring decisions. The bill also reinforces measures that could lead to actions such as monitoring, reassignment, or suspension of employees based on their conduct, ensuring the integrity of care provided to individuals in these facilities.

Summary

House Bill 1592 aims to establish an interim registry for individuals employed by facilities that provide care to persons with intellectual disabilities who have been accused of employee misconduct. The bill is designed to enhance the safety and oversight within such facilities by ensuring that entities which provide care can access information on any staff members who have been implicated in misconduct, pending a hearing. This registry will be maintained by the Health and Human Services Commission, facilitating a streamlined process for tracking misconduct allegations and ultimately promoting a safer environment for vulnerable populations.

Contention

There may be concerns regarding the implications of maintaining an interim registry, particularly around issues of privacy and the potential impact on the employment of individuals listed in it. While the bill encompasses provisions for confidentiality—stating that the information will not be publicly disclosed—there are challenges in balancing the need for transparency and the protection of individual rights. Opponents might argue that being listed in such a registry could unfairly hinder an employee's career irrespective of the outcome of the hearings surrounding their alleged misconduct.

Companion Bills

TX SB589

Same As Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct and are employed by a facility that provides care to individuals with an intellectual disability.

Previously Filed As

TX HB1009

Relating to imposing requirements on the employment of or contracts for certain individuals providing services to individuals with an intellectual or developmental disability, including requiring certain facilities and Medicaid providers to conduct criminal history record information and employee misconduct registry reviews and to suspend the employment or contracts of individuals who engage in reportable conduct; providing administrative penalties.

TX HB1008

Relating to suspending the employment of certain persons who provide care to individuals with an intellectual or developmental disability and who are alleged to have engaged in reportable conduct; providing an administrative penalty.

TX SB1849

Relating to an interagency reportable conduct search engine, standards for a person's removal from the employee misconduct registry and eligibility for certification as certain Texas Juvenile Justice Department officers and employees, and the use of certain information by certain state agencies to conduct background checks.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB4696

Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.

TX HB1007

Relating to prohibiting weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.

TX HB893

Relating to requiring certain employers to provide paid sick leave to employees; providing administrative and civil penalties.

TX HB3198

Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.

TX SB1473

Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.

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