Texas 2023 - 88th Regular

Texas House Bill HB1008 Compare Versions

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1	1	By: Turner, Garcia H.B. No. 1008
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to suspending the employment of certain persons who
7	7	provide care to individuals with an intellectual or developmental
8	8	disability and who are alleged to have engaged in reportable
9	9	conduct; providing an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 531, Government Code, is
12	12	amended by adding Section 531.02485 to read as follows:
13	13	Sec. 531.02485. SUSPENDING EMPLOYMENT OF CERTAIN
14	14	RESIDENTIAL CAREGIVERS. (a) In this section:
15	15	(1) "Consumer-directed service option" has the
16	16	meaning assigned by Section 531.051.
17	17	(2) "Reportable conduct" includes:
18	18	(A) abuse or neglect that causes or may cause
19	19	death or harm to an individual using the consumer-directed service
20	20	option or a resident;
21	21	(B) sexual abuse of an individual using the
22	22	consumer-directed service option or a resident;
23	23	(C) financial exploitation of an individual
24	24	using the consumer-directed service option or a resident in an
25	25	amount of $25 or more; and
26	26	(D) emotional, verbal, or psychological abuse
27	27	that causes harm to an individual using the consumer-directed
28	28	service option or a resident.
29	29	(3) "Resident" means an individual residing in a group
30	30	home or other residential facility who is receiving services from a
31	31	residential caregiver.
32	32	(4) "Residential caregiver" means an individual who
33	33	provides, through a group home or other residential facility
34	34	licensed by or operated under the authority of the commission,
35	35	community-based residential care services:
36	36	(A) to not more than four individuals with an
37	37	intellectual or developmental disability at any time; and
38	38	(B) at a residence other than the home of the
39	39	individual providing the services.
40	40	(b) A Medicaid provider, including a provider providing
41	41	services under a Section 1915(c) waiver program, who employs or
42	42	contracts with a residential caregiver to provide community-based
43	43	residential care services through a group home or other residential
44	44	facility described by Subsection (a)(4), on receiving notice of the
45	45	reportable conduct finding, shall immediately suspend the
46	46	employment or contract of an individual the provider employs or
47	47	contracts with as a residential caregiver who the commission finds
48	48	has engaged in reportable conduct while the individual exhausts any
49	49	applicable appeals process, including informal and formal appeals,
50	50	pending a final decision by an administrative law judge. The
51	51	provider may not reinstate the individual's employment or contract
52	52	during the course of any appeals process.
53	53	(c) Notwithstanding any other law, the commission shall
54	54	take disciplinary action against a Medicaid provider that violates
55	55	Subsection (b), including imposing an administrative penalty or
56	56	vendor hold, terminating a contract or license, or any other
57	57	disciplinary action the commission determines appropriate. In
58	58	determining the appropriate disciplinary action to take against a
59	59	Medicaid provider under this subsection, the commission shall
60	60	consider:
61	61	(1) the nature and seriousness of the violation;
62	62	(2) the history of previous violations; and
63	63	(3) any other matter justice may require.
64	64	(d) The executive commissioner shall adopt rules necessary
65	65	to implement this section.
66	66	SECTION 2. The heading to Chapter 253, Health and Safety
67	67	Code, is amended to read as follows:
68	68	CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY
69	69	SECTION 3. Section 253.001(4), Health and Safety Code, is
70	70	amended to read as follows:
71	71	(4) "Facility" means:
72	72	(A) a facility:
73	73	(i) licensed by the department; [or]
74	74	(ii) licensed under Chapter 252; or
75	75	(iii) licensed under Chapter 555;
76	76	(B) an adult foster care provider that contracts
77	77	with the department;
78	78	(C) a home and community support services agency
79	79	licensed by the department under Chapter 142; or
80	80	(D) a prescribed pediatric extended care center
81	81	licensed under Chapter 248A.
82	82	SECTION 4. Chapter 253, Health and Safety Code, is amended
83	83	by adding Section 253.0025 to read as follows:
84	84	Sec. 253.0025. EMPLOYMENT SUSPENSION FOR FACILITY
85	85	EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT. A facility
86	86	shall suspend the employment of a facility employee who the Health
87	87	and Human Services Commission finds has engaged in reportable
88	88	conduct while the employee exhausts any applicable appeals process,
89	89	including informal and formal appeals and any hearing or judicial
90	90	review conducted in accordance with Section 253.004 or 253.005,
91	91	pending a final decision by an administrative law judge. The
92	92	facility may not reinstate the employee's position during the
93	93	course of any applicable appeals process.
94	94	SECTION 5. If before implementing any provision of this Act
95	95	a state agency determines that a waiver or authorization from a
96	96	federal agency is necessary for implementation of that provision,
97	97	the agency affected by the provision shall request the waiver or
98	98	authorization and may delay implementing that provision until the
99	99	waiver or authorization is granted.
100	100	SECTION 6. This Act takes effect September 1, 2023.