88R17720 EAS-D
By: Turner H.B. No. 1009
Substitute the following for H.B. No. 1009:
By: Manuel C.S.H.B. No. 1009
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information reviews of certain
individuals providing services to individuals with an intellectual
or developmental disability under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.11061 to read as follows:
Sec. 411.11061. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: CERTAIN MEDICAID PROVIDERS. (a) In this section,
"residential caregiver" has the meaning assigned by Section
531.02485.
(b) A Medicaid provider that provides community-based
residential care services to Medicaid recipients through a group
home or other residential facility licensed by or operated under
the authority of the Health and Human Services Commission is
entitled to obtain from the department criminal history record
information maintained by the department that relates to an
individual who is an applicant for employment or seeking a contract
position with the provider as a residential caregiver or who is
employed or contracted by the provider as a residential caregiver.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02485 to read as follows:
Sec. 531.02485. REQUIRED REVIEW OF CRIMINAL HISTORY RECORD
INFORMATION FOR 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, 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 the
individual providing the services.
(b) A Medicaid provider, including a provider providing
services under a 1915(c) waiver program, that employs or contracts
with a residential caregiver to provide community-based
residential care services to Medicaid recipients shall review state
and federal criminal history record information and obtain
electronic updates from the Department of Public Safety of arrests
and convictions for each residential caregiver the provider employs
or contracts with to provide community-based residential care
services to Medicaid recipients.
(c) An individual who has been convicted of an offense
described by Section 250.006, Health and Safety Code, may not be
employed or contracted as a residential caregiver or otherwise
provide direct care to a Medicaid recipient with an intellectual or
developmental disability. An individual who violates this
subsection is subject to disciplinary action by the commission.
(d) A Medicaid provider shall immediately discharge any
individual the provider employs or contracts with as a residential
caregiver who is convicted of an offense described by Section
250.006, Health and Safety Code. The commission shall disenroll
from participation in Medicaid a Medicaid provider who violates
this subsection.
(e) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 3. 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 4. This Act takes effect September 1, 2023.