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.

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