Texas 2023 - 88th Regular

Texas House Bill HB1009 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1009
2	2
3	3
4	4	AN ACT
5	5	relating to imposing requirements on the employment of or contracts
6	6	for certain individuals providing services to individuals with an
7	7	intellectual or developmental disability, including requiring
8	8	certain facilities and Medicaid providers to conduct criminal
9	9	history record information and employee misconduct registry
10	10	reviews and to suspend the employment or contracts of individuals
11	11	who engage in reportable conduct; providing administrative
12	12	penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter F, Chapter 411, Government Code, is
15	15	amended by adding Section 411.11061 to read as follows:
16	16	Sec. 411.11061. ACCESS TO CRIMINAL HISTORY RECORD
17	17	INFORMATION: CERTAIN MEDICAID PROVIDERS. (a) In this section,
18	18	"residential caregiver" has the meaning assigned by Section
19	19	531.02485.
20	20	(b) A Medicaid provider that provides community-based
21	21	residential care services to Medicaid recipients through a group
22	22	home or other residential facility licensed by or operated under
23	23	the authority of the Health and Human Services Commission is
24	24	entitled to obtain from the department criminal history record
25	25	information maintained by the department that relates to an
26	26	individual who is an applicant for employment or seeking a contract
27	27	position with the provider as a residential caregiver or who is
28	28	employed or contracted by the provider as a residential caregiver.
29	29	SECTION 2. Subchapter B, Chapter 531, Government Code, is
30	30	amended by adding Sections 531.02485 and 531.02486 to read as
31	31	follows:
32	32	Sec. 531.02485. REQUIRED REVIEW OF CRIMINAL HISTORY RECORD
33	33	INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS. (a) In this
34	34	section, "residential caregiver" means an individual who provides,
35	35	through a group home or other residential facility licensed by or
36	36	operated under the authority of the commission, community-based
37	37	residential care services:
38	38	(1) to not more than four individuals with an
39	39	intellectual or developmental disability at any time; and
40	40	(2) at a residence other than the home of the
41	41	individual providing the services.
42	42	(b) A Medicaid provider, including a provider providing
43	43	services under a 1915(c) waiver program, that employs or contracts
44	44	with a residential caregiver to provide community-based
45	45	residential care services to Medicaid recipients shall review state
46	46	and federal criminal history record information and obtain
47	47	electronic updates from the Department of Public Safety of arrests
48	48	and convictions for each residential caregiver the provider employs
49	49	or contracts with to provide community-based residential care
50	50	services to Medicaid recipients.
51	51	(c) An individual who has been convicted of an offense
52	52	described by Section 250.006, Health and Safety Code, may not be
53	53	employed or contracted as a residential caregiver or otherwise
54	54	provide direct care to a Medicaid recipient with an intellectual or
55	55	developmental disability to the same extent and, if applicable, for
56	56	the same period of time prescribed by Section 250.006(a) or (b),
57	57	Health and Safety Code, as an individual similarly convicted under
58	58	those subsections. An individual who violates this subsection is
59	59	subject to disciplinary action by the commission.
60	60	(d) A Medicaid provider shall immediately discharge any
61	61	individual the provider employs or contracts with as a residential
62	62	caregiver who is convicted of an offense described by Section
63	63	250.006, Health and Safety Code.
64	64	(e) Notwithstanding any other law, the commission shall
65	65	take disciplinary action against a Medicaid provider that violates
66	66	this section, including imposing an administrative penalty or
67	67	vendor hold, terminating a contract or license, or any other
68	68	disciplinary action the commission determines appropriate. In
69	69	determining the appropriate disciplinary action to take against a
70	70	Medicaid provider under this subsection, the commission shall
71	71	consider:
72	72	(1) the nature and seriousness of the violation;
73	73	(2) the history of previous violations; and
74	74	(3) any other matter justice may require.
75	75	(f) The executive commissioner shall adopt rules necessary
76	76	to implement this section.
77	77	Sec. 531.02486. SUSPENDING EMPLOYMENT OF CERTAIN
78	78	RESIDENTIAL CAREGIVERS. (a) In this section:
79	79	(1) "Consumer-directed service option" has the
80	80	meaning assigned by Section 531.051.
81	81	(2) "Reportable conduct" includes:
82	82	(A) abuse or neglect that causes or may cause
83	83	death or harm to an individual using the consumer-directed service
84	84	option or a resident;
85	85	(B) sexual abuse of an individual using the
86	86	consumer-directed service option or a resident;
87	87	(C) financial exploitation of an individual
88	88	using the consumer-directed service option or a resident in an
89	89	amount of $25 or more; and
90	90	(D) emotional, verbal, or psychological abuse
91	91	that causes harm to an individual using the consumer-directed
92	92	service option or a resident.
93	93	(3) "Resident" means an individual residing in a group
94	94	home or other residential facility who is receiving services from a
95	95	residential caregiver.
96	96	(4) "Residential caregiver" has the meaning assigned
97	97	by Section 531.02485.
98	98	(b) A Medicaid provider, including a provider providing
99	99	services under a Section 1915(c) waiver program, who employs or
100	100	contracts with a residential caregiver to provide community-based
101	101	residential care services through a group home or other residential
102	102	facility described by Subsection (a)(4), on receiving notice of the
103	103	reportable conduct finding, shall immediately suspend the
104	104	employment or contract of an individual the provider employs or
105	105	contracts with as a residential caregiver who the commission finds
106	106	has engaged in reportable conduct while the individual exhausts any
107	107	applicable appeals process, including informal and formal appeals,
108	108	pending a final decision by an administrative law judge. The
109	109	provider may not reinstate the individual's employment or contract
110	110	during the course of any appeals process.
111	111	(c) Notwithstanding any other law, the commission shall
112	112	take disciplinary action against a Medicaid provider that violates
113	113	Subsection (b), including imposing an administrative penalty or
114	114	vendor hold, terminating a contract or license, or any other
115	115	disciplinary action the commission determines appropriate. In
116	116	determining the appropriate disciplinary action to take against a
117	117	Medicaid provider under this subsection, the commission shall
118	118	consider:
119	119	(1) the nature and seriousness of the violation;
120	120	(2) the history of previous violations; and
121	121	(3) any other matter justice may require.
122	122	(d) The executive commissioner shall adopt rules necessary
123	123	to implement this section.
124	124	SECTION 3. The heading to Chapter 253, Health and Safety
125	125	Code, is amended to read as follows:
126	126	CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY
127	127	SECTION 4. Section 253.001(4), Health and Safety Code, is
128	128	amended to read as follows:
129	129	(4) "Facility" means:
130	130	(A) a facility:
131	131	(i) licensed by the department; [or]
132	132	(ii) licensed under Chapter 252; or
133	133	(iii) licensed under Chapter 555;
134	134	(B) an adult foster care provider that contracts
135	135	with the department;
136	136	(C) a home and community support services agency
137	137	licensed by the department under Chapter 142; or
138	138	(D) a prescribed pediatric extended care center
139	139	licensed under Chapter 248A.
140	140	SECTION 5. Chapter 253, Health and Safety Code, is amended
141	141	by adding Section 253.0025 to read as follows:
142	142	Sec. 253.0025. EMPLOYMENT SUSPENSION FOR FACILITY
143	143	EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT. A facility
144	144	shall suspend the employment of a facility employee who the Health
145	145	and Human Services Commission finds has engaged in reportable
146	146	conduct while the employee exhausts any applicable appeals process,
147	147	including informal and formal appeals and any hearing or judicial
148	148	review conducted in accordance with Section 253.004 or 253.005,
149	149	pending a final decision by an administrative law judge. The
150	150	facility may not reinstate the employee's position during the
151	151	course of any applicable appeals process.
152	152	SECTION 6. If before implementing any provision of this Act
153	153	a state agency determines that a waiver or authorization from a
154	154	federal agency is necessary for implementation of that provision,
155	155	the agency affected by the provision shall request the waiver or
156	156	authorization and may delay implementing that provision until the
157	157	waiver or authorization is granted.
158	158	SECTION 7. This Act takes effect September 1, 2023.
159	159	______________________________ ______________________________
160	160	President of the Senate Speaker of the House
161	161	I certify that H.B. No. 1009 was passed by the House on May 5,
162	162	2023, by the following vote: Yeas 141, Nays 0, 2 present, not
163	163	voting; and that the House concurred in Senate amendments to H.B.
164	164	No. 1009 on May 25, 2023, by the following vote: Yeas 140, Nays 0,
165	165	1 present, not voting.
166	166	______________________________
167	167	Chief Clerk of the House
168	168	I certify that H.B. No. 1009 was passed by the Senate, with
169	169	amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
170	170	0.
171	171	______________________________
172	172	Secretary of the Senate
173	173	APPROVED: __________________
174	174	Date
175	175	__________________
176	176	Governor