Texas 2023 - 88th Regular

Texas House Bill HB4220 Compare Versions

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1	1	By: Clardy, Raymond, Morales of Maverick H.B. No. 4220
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the office of the state long-term care ombudsman.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 101A.251, Human Resources Code, is
9	9	amended by adding Subdivision (3-b) to read as follows:
10	10	(3-b) "Patient care record" means a medical, social,
11	11	or other record related to a resident.
12	12	SECTION 2. Section 101A.257(b), Human Resources Code, is
13	13	amended to read as follows:
14	14	(b) The state long-term care ombudsman shall ensure that
15	15	each ombudsman designated under Section 101A.255 who investigates
16	16	complaints has received proper training and has been approved by
17	17	the office as qualified to investigate complaints. The training
18	18	must include instruction regarding state laws and regulations
19	19	applicable to the long-term care settings in which each ombudsman
20	20	will conduct investigations.
21	21	SECTION 3. Section 101A.258, Human Resources Code, is
22	22	amended by amending Subsections (a) and (a-1) and adding Subsection
23	23	(a-2) to read as follows:
24	24	(a) The state long-term care ombudsman and representatives
25	25	shall, as provided by commission rules, have access to a resident's
26	26	patient care records and to a long-term care facility's
27	27	administrative records, policies, and other documents that
28	28	residents or the general public have access to [of residents as
29	29	provided by commission rules]. Except as provided by Subsection
30	30	(b), all records and information created or obtained by the state
31	31	long-term care ombudsman or a representative remain confidential.
32	32	(a-1) The state long-term care ombudsman and
33	33	representatives shall have access to a resident's patient care
34	34	records [of a resident] if:
35	35	(1) the state long-term care ombudsman or
36	36	representative has obtained the resident's [resident] or the
37	37	resident's legal representative's informed consent [representative
38	38	consents] to [the] access the records;
39	39	(2) the resident is unable to consent to the access and
40	40	the resident has no legal representative; or
41	41	(3) access to the records is necessary to investigate
42	42	a complaint and:
43	43	(A) a legal representative of the resident
44	44	refuses to consent to the access;
45	45	(B) the state long-term care ombudsman or
46	46	representative has reasonable cause to believe that the legal
47	47	representative of the resident is not acting in the best interests
48	48	of the resident; and
49	49	(C) the state long-term care ombudsman approves
50	50	the access.
51	51	(a-2) The office shall, in accordance with commission rule,
52	52	provide documentation to a long-term care facility that is the
53	53	subject of an investigation conducted under Section 101A.257
54	54	evidencing that the state long-term care ombudsman or a
55	55	representative is entitled to access a resident's patient care
56	56	records by having satisfied the requirements of Subsection
57	57	(a-1)(1), (a-1)(2), or (a-1)(3), as applicable.
58	58	SECTION 4. Section 101A.261, Human Resources Code, is
59	59	amended to read as follows:
60	60	Sec. 101A.261. PUBLIC INFORMATION. (a) The office shall
61	61	provide information and make recommendations to public agencies,
62	62	legislators, and other persons about the problems and concerns of
63	63	residents.
64	64	(b) The office shall include on each of the office's
65	65	publications a statement explaining:
66	66	(1) the office's role as an advocate for residents; and
67	67	(2) that the points of view, opinions, positions, or
68	68	policies of the ombudsmen do not necessarily represent the points
69	69	of view, opinions, positions, or policies of the commission.
70	70	(c) The statement required under Subsection (b) may be
71	71	modified as necessary to reflect a publication's primary audience.
72	72	SECTION 5. Section 101A.262(a), Human Resources Code, is
73	73	amended to read as follows:
74	74	(a) The office shall prepare a report that contains:
75	75	(1) information and findings relating to the problems
76	76	and concerns of residents; [and]
77	77	(2) policy, regulatory, and legislative
78	78	recommendations to solve the problems, resolve the concerns, and
79	79	improve the quality of the residents' care and lives;
80	80	(3) a list of persons representing the office who
81	81	submitted a sworn statement to a committee of the legislature
82	82	indicating the office was present in favor of, in opposition to, or
83	83	without taking a position on legislation and a description of the
84	84	legislation, including the bill number, the position taken, and a
85	85	summary of the testimony given; and
86	86	(4) if the office submitted a public comment on a
87	87	proposed rule published in the Texas Register, a citation to the
88	88	volume and page numbers in the Texas Register that included the
89	89	proposed rule and a summary of the submitted comment.
90	90	SECTION 6. This Act takes effect September 1, 2023.