Texas 2023 - 88th Regular

Texas House Bill HB4696

Filed
3/10/23  
Out of House Committee
4/24/23  
Voted on by House
5/2/23  
Out of Senate Committee
5/21/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to the reporting and investigation of certain allegations of abuse, neglect, and exploitation, the making and investigation of complaints alleging violations of certain health facility licensing requirements, and the content of the employee misconduct registry.

Impact

The enactment of HB 4696 is expected to significantly change the landscape of regulatory investigations in long-term care settings. By centralizing the investigations to one agency, the bill seeks to reduce the duplication of efforts currently observed, where multiple agencies might have overlapping responsibilities for the same case. The new process is aimed at ensuring a timely response to allegations of abuse and facilitating immediate protective measures when necessary. This move is crucial, given the staggering number of outstanding complaints that need to be addressed effectively and efficiently.

Summary

House Bill 4696 focuses on enhancing the mechanisms for reporting and investigating allegations of abuse, neglect, and exploitation within long-term care facilities in Texas. The bill aims to consolidate investigations under the Health and Human Services Commission (HHSC) to eliminate redundancies and improve the efficiency of the investigation process. Specifically, it transfers responsibility for these investigations from the Department of Family and Protective Services (DFPS) to HHSC, addressing a significant backlog of complaints revealed during the COVID-19 pandemic. This transition is designed to create a more streamlined approach that can respond faster to reports and ensure better oversight.

Sentiment

General sentiment around HB 4696 appears to be positive among legislators, particularly those advocating for better care and oversight in long-term facilities. Supporters view the bill as a necessary reform to enhance the safety of vulnerable populations, such as the elderly and those with disabilities. However, some concern exists regarding the actual implementation of these changes and whether sufficient resources will be allocated to handle the increased responsibilities of HHSC, ensuring that complaints are handled swiftly and thoroughly.

Contention

Notable points of contention in the discussions surrounding HB 4696 relate to the realities of resource allocation within the HHSC following the transfer of responsibilities. Questions have been raised about the agency's capacity to manage a potentially higher volume of investigations without additional funding or staffing. Furthermore, there are concerns about ensuring that the quality of investigations does not suffer amid the increased workload. Balancing the efficiency of the new system with adequate oversight remains a critical challenge as stakeholders move forward with the implementation.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 142. Home And Community Support Services
    • Section: New Section
    • Section: 018
    • Section: New Section
    • Section: New Section
    • Section: 018
    • Section: New Section
    • Section: 018
    • Section: New Section
    • Section: 018
  • Chapter 252. Intermediate Care Facilities For Individuals With An Intellectual Disability
    • Section: 039
    • Section: 121
    • Section: 125
    • Section: 039
    • Section: 039
    • Section: 121
    • Section: 039
  • Chapter 260. Boarding Home Facilities
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 253. Employee Misconduct; Registry
    • Section: New Section

Human Resources Code

  • Chapter 48. Investigations And Protective Services For Elderly Persons And Persons With Disabilities
    • Section: 0021
    • Section: New Section
    • Section: 251
    • Section: 252
    • Section: 253
    • Section: 254
    • Section: 255
    • Section: 256
    • Section: 258
    • Section: 0021
    • Section: New Section
    • Section: 251
    • Section: 252
    • Section: 254
    • Section: 255
    • Section: 256
    • Section: 253
    • Section: 258
    • Section: 004
    • Section: 251
    • Section: 252
    • Section: 253
    • Section: 254
    • Section: 255
    • Section: 256
    • Section: 258
    • Section: 0021
    • Section: New Section
    • Section: 251
    • Section: 252
    • Section: 256
    • Section: 258
    • Section: 254
    • Section: 251
    • Section: 252
    • Section: 254
    • Section: 255
    • Section: 256
    • Section: 258
  • Chapter 261. Independent Ombudsman
    • Section: New Section
    • Section: 105
  • Chapter 103. Day Activity And Health Services
    • Section: New Section

Family Code

  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: New Section
    • Section: 404
    • Section: New Section
    • Section: 404
    • Section: New Section
    • Section: 404

Companion Bills

No companion bills found.

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