Texas House Bill HB1008

Texas 2023 - 88th Regular

• Filed: 12/14/22
• Out of House Committee: 4/3/23
• Voted on by House: 4/27/23

Caption

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.

Impact

If enacted, HB 1008 will amend existing laws governing the employment of caregivers in residential care settings. This would not only add an additional protective layer for those with intellectual and developmental disabilities but also create an administrative pathway for disciplinary actions against Medicaid providers that fail to suspend caregivers in these situations. The bill is poised to enhance the overall accountability of caregivers and providers within the state’s regulatory framework.

Summary

House Bill 1008 focuses on improving the safety of individuals with intellectual or developmental disabilities by establishing procedures for suspending caregivers accused of misconduct. The bill's central provision prohibits caregivers from providing direct care while being investigated for reportable conduct, which includes abuse, neglect, and financial exploitation. While the caregiver's case is under review, their employment must be suspended pending a final decision. This measure is intended to prevent potential harm to vulnerable individuals during the investigative process.

Sentiment

The sentiment surrounding HB 1008 appears to be generally supportive among those advocating for the safety of individuals with disabilities, with stakeholders such as the Texas Council of Community Centers expressing agreement with the bill's intent. However, discussions during committee meetings revealed some concerns about implementation challenges, particularly regarding the potential impact on the availability of caregivers and the operational aspects for facilities providing care.

Contention

Notable points of contention discussed include the timelines and processes involved in determining caregiver misconduct. Critics raised concerns about the fairness of suspending caregivers based solely on allegations without a prompt resolution. The bill’s committee substitute aimed to clarify definitions and improve consistency across related legislation, addressing some concerns while seeking to balance caregiver rights with the imperative of ensuring client safety.

Texas Constitutional Statutes Affected

Government Code

• Chapter 531. Health And Human Services Commission
  • Section: 02485
  • Section: 02485
  • Section: 02485

Health And Safety Code

• Chapter 253. Employee Misconduct; Registry
  • Section: New Section
  • Section: 0025
  • Section: New Section
  • Section: 0025
  • Section: New Section
  • Section: 0025