By: Turner, Garcia H.B. No. 1008
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02485 to read as follows:
Sec. 531.02485. SUSPENDING EMPLOYMENT OF CERTAIN
RESIDENTIAL CAREGIVERS. (a) In this section:
(1) "Consumer-directed service option" has the
meaning assigned by Section 531.051.
(2) "Reportable conduct" includes:
(A) abuse or neglect that causes or may cause
death or harm to an individual using the consumer-directed service
option or a resident;
(B) sexual abuse of an individual using the
consumer-directed service option or a resident;
(C) financial exploitation of an individual
using the consumer-directed service option or a resident in an
amount of $25 or more; and
(D) emotional, verbal, or psychological abuse
that causes harm to an individual using the consumer-directed
service option or a resident.
(3) "Resident" means an individual residing in a group
home or other residential facility who is receiving services from a
residential caregiver.
(4) "Residential caregiver" means an individual who
provides, through a group home or other residential facility
licensed by or operated under the authority of the commission,
community-based residential care services:
(A) to not more than four individuals with an
intellectual or developmental disability at any time; and
(B) at a residence other than the home of the
individual providing the services.
(b) A Medicaid provider, including a provider providing
services under a Section 1915(c) waiver program, who employs or
contracts with a residential caregiver to provide community-based
residential care services through a group home or other residential
facility described by Subsection (a)(4), on receiving notice of the
reportable conduct finding, shall immediately suspend the
employment or contract of an individual the provider employs or
contracts with as a residential caregiver who the commission finds
has engaged in reportable conduct while the individual exhausts any
applicable appeals process, including informal and formal appeals,
pending a final decision by an administrative law judge. The
provider may not reinstate the individual's employment or contract
during the course of any appeals process.
(c) Notwithstanding any other law, the commission shall
take disciplinary action against a Medicaid provider that violates
Subsection (b), including imposing an administrative penalty or
vendor hold, terminating a contract or license, or any other
disciplinary action the commission determines appropriate. In
determining the appropriate disciplinary action to take against a
Medicaid provider under this subsection, the commission shall
consider:
(1) the nature and seriousness of the violation;
(2) the history of previous violations; and
(3) any other matter justice may require.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. The heading to Chapter 253, Health and Safety
Code, is amended to read as follows:
CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY
SECTION 3. Section 253.001(4), Health and Safety Code, is
amended to read as follows:
(4) "Facility" means:
(A) a facility:
(i) licensed by the department; [or]
(ii) licensed under Chapter 252; or
(iii) licensed under Chapter 555;
(B) an adult foster care provider that contracts
with the department;
(C) a home and community support services agency
licensed by the department under Chapter 142; or
(D) a prescribed pediatric extended care center
licensed under Chapter 248A.
SECTION 4. Chapter 253, Health and Safety Code, is amended
by adding Section 253.0025 to read as follows:
Sec. 253.0025. EMPLOYMENT SUSPENSION FOR FACILITY
EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT. A facility
shall suspend the employment of a facility employee who the Health
and Human Services Commission finds has engaged in reportable
conduct while the employee exhausts any applicable appeals process,
including informal and formal appeals and any hearing or judicial
review conducted in accordance with Section 253.004 or 253.005,
pending a final decision by an administrative law judge. The
facility may not reinstate the employee's position during the
course of any applicable appeals process.
SECTION 5. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 6. This Act takes effect September 1, 2023.