H.B. No. 1009
AN ACT
relating to imposing requirements on the employment of or contracts
for certain individuals providing services to individuals with an
intellectual or developmental disability, including requiring
certain facilities and Medicaid providers to conduct criminal
history record information and employee misconduct registry
reviews and to suspend the employment or contracts of individuals
who engage in reportable conduct; providing administrative
penalties.
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 Sections 531.02485 and 531.02486 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 to the same extent and, if applicable, for
the same period of time prescribed by Section 250.006(a) or (b),
Health and Safety Code, as an individual similarly convicted under
those subsections. 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.
(e) Notwithstanding any other law, the commission shall
take disciplinary action against a Medicaid provider that violates
this section, 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.
(f) The executive commissioner shall adopt rules necessary
to implement this section.
Sec. 531.02486. 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" has the meaning assigned
by Section 531.02485.
(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 3. The heading to Chapter 253, Health and Safety
Code, is amended to read as follows:
CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY
SECTION 4. 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 5. 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 6. 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 7. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1009 was passed by the House on May 5,
2023, by the following vote: Yeas 141, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1009 on May 25, 2023, by the following vote: Yeas 140, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1009 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor