88R2980 EAS-D
By: Turner H.B. No. 1008
A BILL TO BE ENTITLED
AN ACT
relating to employment and license suspension of persons who
provide care to individuals with an intellectual or developmental
disability and who are under investigation for certain misconduct.
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. EMPLOYMENT AND LICENSE SUSPENSION OF
CERTAIN RESIDENTIAL CAREGIVERS. (a) In this section, "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, including a group home or facility
licensed or operated under a Section 1915(c) waiver program,
community-based residential care services:
(1) to not more than four individuals with an
intellectual or developmental disability at any time; and
(2) at a residence other than the home of an individual
described by Subdivision (1).
(b) A group home or other residential facility described by
Subsection (a) shall suspend the employment of a residential
caregiver who is the subject of an investigation conducted by the
commission or a law enforcement agency for misconduct involving
abuse, neglect, or exploitation of an individual with an
intellectual or developmental disability receiving services from
the caregiver. The caregiver's employment may not be reinstated
during the course of the investigation and any appeals process.
(c) During the course of the investigation and any appeals
process, the commission shall suspend the license or other form of
operational authorization issued to a group home or other
residential facility described by Subsection (a) that is owned or
operated by a residential caregiver who is the subject of the
investigation or who fails to suspend an employee of the home or
facility who is the subject of the investigation.
(d) A residential caregiver who is the subject of the
investigation may not provide direct care to an individual with an
intellectual or developmental disability during the course of the
investigation and any appeals process.
(e) The commission shall disenroll from participation in
Medicaid a residential caregiver who is the subject of the
investigation during the course of the investigation and any
appeals process.
(f) 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) A
facility shall suspend the employment of a facility employee who is
the subject of an investigation under Section 253.002. The
employee's position may not be reinstated during the course of the
investigation and any hearing or judicial review conducted in
accordance with Section 253.004 or 253.005.
(b) An employee who is the subject of an investigation may
not provide direct care to a consumer during the investigation and
any hearing or judicial review conducted in accordance with Section
253.004 or 253.005.
SECTION 5. This Act takes effect September 1, 2023.