1 | 1 | | H.B. No. 4696 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the reporting and investigation of certain allegations |
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6 | 6 | | of abuse, neglect, and exploitation, the making and investigation |
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7 | 7 | | of complaints alleging violations of certain health facility |
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8 | 8 | | licensing requirements, and the content of the employee misconduct |
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9 | 9 | | registry. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 261.005, Family Code, is amended to read |
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12 | 12 | | as follows: |
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13 | 13 | | Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR |
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14 | 14 | | COMMISSION. Unless otherwise provided by a provision of this |
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15 | 15 | | chapter, in [In] this chapter: |
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16 | 16 | | (1) a reference to the executive commissioner or the |
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17 | 17 | | executive commissioner of the Health and Human Services Commission |
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18 | 18 | | means the commissioner of the department; and |
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19 | 19 | | (2) a reference to the Health and Human Services |
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20 | 20 | | Commission means the department. |
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21 | 21 | | SECTION 2. Section 261.105(c-1), Family Code, is amended to |
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22 | 22 | | read as follows: |
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23 | 23 | | (c-1) Notwithstanding Subsections (b) and (c), if a report |
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24 | 24 | | under this section relates to a child with an intellectual |
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25 | 25 | | disability receiving services in a state supported living center as |
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26 | 26 | | defined by Section 531.002, Health and Safety Code, or the ICF-IID |
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27 | 27 | | component of the Rio Grande State Center, the department shall |
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28 | 28 | | immediately notify the commission and the commission shall proceed |
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29 | 29 | | with the investigation of the report as provided by Section |
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30 | 30 | | 261.404. Notwithstanding Section 261.005, in this subsection, |
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31 | 31 | | "commission" means the Health and Human Services Commission. |
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32 | 32 | | SECTION 3. Section 261.404, Family Code, is amended by |
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33 | 33 | | amending Subsections (a), (a-1), (a-2), (a-3), (b), (c), and (d) |
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34 | 34 | | and adding Subsection (a-4) to read as follows: |
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35 | 35 | | (a) Notwithstanding Section 261.005, in this section: |
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36 | 36 | | (1) "Commission" means the Health and Human Services |
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37 | 37 | | Commission. |
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38 | 38 | | (2) "Executive commissioner" means the executive |
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39 | 39 | | commissioner of the Health and Human Services Commission. |
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40 | 40 | | (a-1) The commission [department] shall investigate a |
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41 | 41 | | report of abuse, neglect, or exploitation of a child receiving |
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42 | 42 | | services from a provider, as those terms are defined by Section |
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43 | 43 | | 48.251, Human Resources Code, or as otherwise defined by rule. The |
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44 | 44 | | commission [department] shall also investigate, under Subchapter |
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45 | 45 | | F, Chapter 48, Human Resources Code, a report of abuse, neglect, or |
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46 | 46 | | exploitation of a child receiving services from an officer, |
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47 | 47 | | employee, agent, contractor, or subcontractor of a home and |
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48 | 48 | | community support services agency licensed under Chapter 142, |
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49 | 49 | | Health and Safety Code, if the officer, employee, agent, |
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50 | 50 | | contractor, or subcontractor is or may be the person alleged to have |
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51 | 51 | | committed the abuse, neglect, or exploitation. |
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52 | 52 | | (a-2) [(a-1)] For an investigation of a child living in a |
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53 | 53 | | residence owned, operated, or controlled by a provider of services |
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54 | 54 | | under the home and community-based services waiver program |
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55 | 55 | | described by Section 534.001(11)(B), Government Code, the |
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56 | 56 | | department, in accordance with Subchapter E, Chapter 48, Human |
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57 | 57 | | Resources Code, may provide emergency protective services |
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58 | 58 | | necessary to immediately protect the child from serious physical |
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59 | 59 | | harm or death and, if necessary, obtain an emergency order for |
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60 | 60 | | protective services under Section 48.208, Human Resources Code. |
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61 | 61 | | (a-3) [(a-2)] For an investigation of a child living in a |
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62 | 62 | | residence owned, operated, or controlled by a provider of services |
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63 | 63 | | under the home and community-based services waiver program |
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64 | 64 | | described by Section 534.001(11)(B), Government Code, regardless |
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65 | 65 | | of whether the child is receiving services under that waiver |
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66 | 66 | | program from the provider, the department shall provide protective |
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67 | 67 | | services to the child in accordance with Subchapter E, Chapter 48, |
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68 | 68 | | Human Resources Code. |
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69 | 69 | | (a-4) [(a-3)] For purposes of this section, Subchapters E |
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70 | 70 | | and F, Chapter 48, Human Resources Code, apply to an investigation |
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71 | 71 | | of a child and to the provision of protective services to that child |
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72 | 72 | | in the same manner those subchapters apply to an investigation of an |
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73 | 73 | | elderly person or person with a disability and the provision of |
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74 | 74 | | protective services to that person. |
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75 | 75 | | (b) The commission [department] shall investigate a [the] |
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76 | 76 | | report under this section under rules developed by the executive |
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77 | 77 | | commissioner. |
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78 | 78 | | (c) If a report under this section relates to a child with an |
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79 | 79 | | intellectual disability receiving services in a state supported |
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80 | 80 | | living center or the ICF-IID component of the Rio Grande State |
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81 | 81 | | Center, the commission [department] shall, within 24 hours [one |
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82 | 82 | | hour] of receiving the report, notify the facility in which the |
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83 | 83 | | child is receiving services of the allegations in the report. |
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84 | 84 | | (d) If, during the course of the commission's [department's] |
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85 | 85 | | investigation of reported abuse, neglect, or exploitation, a |
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86 | 86 | | caseworker of the commission [department] or the caseworker's |
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87 | 87 | | supervisor has cause to believe that a child with an intellectual |
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88 | 88 | | disability described by Subsection (c) has been abused, neglected, |
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89 | 89 | | or exploited by another person in a manner that constitutes a |
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90 | 90 | | criminal offense under any law, including Section 22.04, Penal |
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91 | 91 | | Code, the caseworker shall immediately notify the commission's |
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92 | 92 | | [Health and Human Services Commission's] office of inspector |
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93 | 93 | | general and promptly provide the commission's office of inspector |
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94 | 94 | | general with a copy of the commission's [department's] |
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95 | 95 | | investigation report. |
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96 | 96 | | SECTION 4. Section 142.009(j), Health and Safety Code, is |
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97 | 97 | | amended to read as follows: |
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98 | 98 | | (j) Except as provided by Subsections (h) and (l), a [an |
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99 | 99 | | on-site] survey may [must] be conducted within 18 months after a |
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100 | 100 | | survey for an initial license. After that time, an on-site survey |
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101 | 101 | | must be conducted at least every 36 months. |
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102 | 102 | | SECTION 5. Section 142.018(b), Health and Safety Code, is |
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103 | 103 | | amended to read as follows: |
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104 | 104 | | (b) A home and community support services agency that has |
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105 | 105 | | cause to believe that a person receiving services from the agency |
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106 | 106 | | has been abused, exploited, or neglected by an employee of the |
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107 | 107 | | agency shall report the information to[: |
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108 | 108 | | [(1)] the commission [department; and |
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109 | 109 | | [(2) the Department of Family and Protective Services |
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110 | 110 | | or other appropriate state agency as required by Section 48.051, |
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111 | 111 | | Human Resources Code]. |
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112 | 112 | | SECTION 6. Section 252.039, Health and Safety Code, is |
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113 | 113 | | amended to read as follows: |
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114 | 114 | | Sec. 252.039. POSTING. Each facility shall prominently and |
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115 | 115 | | conspicuously post for display in a public area of the facility that |
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116 | 116 | | is readily available to residents, employees, and visitors: |
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117 | 117 | | (1) the license issued under this chapter; |
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118 | 118 | | (2) a sign prescribed by the commission [department] |
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119 | 119 | | that specifies complaint procedures established under this chapter |
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120 | 120 | | or rules adopted under this chapter and that specifies how |
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121 | 121 | | complaints may be registered with the commission [department]; |
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122 | 122 | | (3) a notice in a form prescribed by the commission |
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123 | 123 | | [department] stating that inspection and related reports are |
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124 | 124 | | available at the facility for public inspection and providing the |
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125 | 125 | | commission's [department's] toll-free telephone number that may be |
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126 | 126 | | used to obtain information concerning the facility; |
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127 | 127 | | (4) a concise summary of the most recent inspection |
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128 | 128 | | report relating to the facility; |
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129 | 129 | | (5) a notice providing instructions for reporting an |
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130 | 130 | | allegation of abuse, neglect, or exploitation to the commission |
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131 | 131 | | [Department of Family and Protective Services]; and |
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132 | 132 | | (6) a notice that employees, other staff, residents, |
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133 | 133 | | volunteers, and family members and guardians of residents are |
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134 | 134 | | protected from discrimination or retaliation as provided by |
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135 | 135 | | Sections 252.132 and 252.133. |
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136 | 136 | | SECTION 7. Section 252.121(a), Health and Safety Code, is |
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137 | 137 | | amended to read as follows: |
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138 | 138 | | (a) A person, including an owner or employee of a facility, |
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139 | 139 | | who has cause to believe that a resident is being or has been |
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140 | 140 | | subjected to abuse, neglect, or exploitation shall report the |
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141 | 141 | | suspected abuse, neglect, or exploitation to the commission |
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142 | 142 | | [Department of Family and Protective Services, as required by |
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143 | 143 | | Chapter 48, Human Resources Code, or Chapter 261, Family Code, as |
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144 | 144 | | appropriate]. The commission [Department of Family and Protective |
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145 | 145 | | Services] shall investigate the allegation of abuse, neglect, or |
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146 | 146 | | exploitation in the manner prescribed by the commission [provided |
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147 | 147 | | by Chapter 48, Human Resources Code, or Section 261.404, Family |
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148 | 148 | | Code, as applicable]. |
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149 | 149 | | SECTION 8. Section 252.125, Health and Safety Code, is |
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150 | 150 | | amended to read as follows: |
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151 | 151 | | Sec. 252.125. IMMEDIATE REMOVAL TO PROTECT RESIDENT. |
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152 | 152 | | Before the completion of the investigation by the commission |
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153 | 153 | | [Department of Family and Protective Services], the commission |
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154 | 154 | | [department] shall file a petition for temporary care and |
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155 | 155 | | protection of a resident if the commission [department] |
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156 | 156 | | determines[, based on information provided to the department by the |
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157 | 157 | | Department of Family and Protective Services,] that immediate |
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158 | 158 | | removal is necessary to protect the resident from further abuse, |
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159 | 159 | | neglect, or exploitation. |
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160 | 160 | | SECTION 9. Sections 253.001(1) and (4), Health and Safety |
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161 | 161 | | Code, are amended to read as follows: |
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162 | 162 | | (1) "Commission" means the Health and Human Services |
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163 | 163 | | Commission ["Commissioner" means the commissioner of aging and |
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164 | 164 | | disability services]. |
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165 | 165 | | (4) "Facility" means: |
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166 | 166 | | (A) a nursing facility[: |
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167 | 167 | | [(i)] licensed by the commission under |
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168 | 168 | | Chapter 242 [department]; [or] |
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169 | 169 | | (B) an intermediate care facility for |
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170 | 170 | | individuals with an intellectual disability [(ii)] licensed by the |
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171 | 171 | | commission under Chapter 252; |
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172 | 172 | | (C) [(B)] an adult foster care provider that |
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173 | 173 | | contracts with the commission [department]; |
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174 | 174 | | (D) [(C)] a home and community support services |
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175 | 175 | | agency licensed by the commission [department] under Chapter 142; |
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176 | 176 | | [or] |
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177 | 177 | | (E) [(D)] a prescribed pediatric extended care |
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178 | 178 | | center licensed by the commission under Chapter 248A; |
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179 | 179 | | (F) an assisted living facility licensed by the |
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180 | 180 | | commission under Chapter 247; |
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181 | 181 | | (G) a day activity and health services facility |
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182 | 182 | | licensed by the commission under Chapter 103, Human Resources Code; |
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183 | 183 | | (H) a residential child-care facility as defined |
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184 | 184 | | by Section 42.002, Human Resources Code, at which an elderly person |
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185 | 185 | | or an adult with a disability resides or is in the facility's care; |
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186 | 186 | | (I) a provider who provides home and |
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187 | 187 | | community-based services under the home and community-based |
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188 | 188 | | services (HCS) waiver program or the Texas home living (TxHmL) |
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189 | 189 | | waiver program; or |
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190 | 190 | | (J) a facility that is exempt from licensure |
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191 | 191 | | under Section 252.003. |
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192 | 192 | | SECTION 10. Section 260A.001, Health and Safety Code, is |
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193 | 193 | | amended by adding Subdivision (1-a) to read as follows: |
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194 | 194 | | (1-a) "Commission" means the Health and Human Services |
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195 | 195 | | Commission. |
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196 | 196 | | SECTION 11. Section 260A.002, Health and Safety Code, is |
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197 | 197 | | amended by amending Subsections (a-1) and (c) and adding Subsection |
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198 | 198 | | (d) to read as follows: |
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199 | 199 | | (a-1) Notwithstanding any other provision of this chapter, |
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200 | 200 | | a report made under this section that a provider is or may be |
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201 | 201 | | alleged to have committed abuse, neglect, or exploitation of a |
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202 | 202 | | resident of a facility other than a prescribed pediatric extended |
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203 | 203 | | care center shall be investigated by the commission [Department of |
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204 | 204 | | Family and Protective Services] in accordance with Subchapter F, |
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205 | 205 | | Chapter 48, Human Resources Code, and this chapter does not apply to |
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206 | 206 | | that investigation. In this subsection, "facility" and "provider" |
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207 | 207 | | have the meanings assigned by Section 48.251, Human Resources Code. |
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208 | 208 | | (c) A person shall make an oral or electronic report |
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209 | 209 | | immediately on learning of the abuse, neglect, or exploitation [and |
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210 | 210 | | shall make a written report to the department not later than the |
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211 | 211 | | fifth day after the oral report is made]. |
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212 | 212 | | (d) A facility or provider shall submit a provider |
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213 | 213 | | investigation report to the commission not later than the fifth day |
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214 | 214 | | after the date the facility or provider makes the oral or electronic |
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215 | 215 | | report under Subsection (c). |
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216 | 216 | | SECTION 12. Section 260A.007, Health and Safety Code, is |
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217 | 217 | | amended by amending Subsection (e) and adding Subsection (e-1) to |
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218 | 218 | | read as follows: |
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219 | 219 | | (e) In investigating the report of abuse, neglect, |
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220 | 220 | | exploitation, or other complaint, the investigator for the |
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221 | 221 | | commission [department] shall: |
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222 | 222 | | (1) conduct [make] an unannounced investigation |
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223 | 223 | | [visit to the facility] to determine the nature and cause of the |
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224 | 224 | | alleged abuse, neglect, or exploitation of the resident; |
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225 | 225 | | (2) interview each available witness, including the |
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226 | 226 | | resident who suffered the alleged abuse, neglect, or exploitation |
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227 | 227 | | if the resident is able to communicate or another resident or other |
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228 | 228 | | witness identified by any source as having personal knowledge |
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229 | 229 | | relevant to the report of abuse, neglect, exploitation, or other |
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230 | 230 | | complaint; |
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231 | 231 | | (3) [personally] inspect any physical circumstance |
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232 | 232 | | that is relevant and material to the report of abuse, neglect, |
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233 | 233 | | exploitation, or other complaint and that may be objectively |
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234 | 234 | | observed; |
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235 | 235 | | (4) if an on-site investigation is conducted, make a |
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236 | 236 | | photographic record of any injury to a resident, subject to |
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237 | 237 | | Subsection (n); |
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238 | 238 | | (5) write an investigation report that includes: |
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239 | 239 | | (A) the investigator's personal observations; |
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240 | 240 | | (B) a review of relevant documents and records; |
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241 | 241 | | (C) a summary of each witness statement, |
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242 | 242 | | including the statement of the resident that suffered the alleged |
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243 | 243 | | abuse, neglect, or exploitation and any other resident interviewed |
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244 | 244 | | in the investigation; and |
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245 | 245 | | (D) a statement of the factual basis for the |
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246 | 246 | | findings for each incident or problem alleged in the report or other |
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247 | 247 | | allegation; and |
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248 | 248 | | (6) for a resident of an institution or assisted |
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249 | 249 | | living facility, inspect any court order appointing a guardian of |
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250 | 250 | | the resident who was the subject of the alleged abuse, neglect, or |
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251 | 251 | | exploitation that is maintained in the resident's medical records |
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252 | 252 | | under Section 242.019 or 247.070. |
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253 | 253 | | (e-1) In addition to the requirements under Subsection (e), |
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254 | 254 | | the commission shall make an unannounced visit to a facility to |
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255 | 255 | | conduct an investigation of abuse or neglect. |
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256 | 256 | | SECTION 13. Section 48.0021, Human Resources Code, is |
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257 | 257 | | amended to read as follows: |
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258 | 258 | | Sec. 48.0021. REFERENCE TO COMMISSION OR EXECUTIVE |
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259 | 259 | | COMMISSIONER. Unless otherwise provided by a provision of this |
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260 | 260 | | chapter, in [In] this chapter: |
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261 | 261 | | (1) a reference to the Health and Human Services |
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262 | 262 | | Commission means the Department of Family and Protective Services; |
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263 | 263 | | and |
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264 | 264 | | (2) a reference to the executive commissioner means |
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265 | 265 | | the commissioner of the Department of Family and Protective |
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266 | 266 | | Services. |
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267 | 267 | | SECTION 14. Section 48.051, Human Resources Code, is |
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268 | 268 | | amended by adding Subsection (b-1) and amending Subsection (c) to |
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269 | 269 | | read as follows: |
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270 | 270 | | (b-1) This subsection applies only to a provider under the |
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271 | 271 | | home and community-based services (HCS) waiver program or the Texas |
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272 | 272 | | home living (TxHmL) waiver program, an intermediate care facility |
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273 | 273 | | licensed under Chapter 252, Health and Safety Code, a state |
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274 | 274 | | supported living center as defined by Section 531.002, Health and |
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275 | 275 | | Safety Code, or a home and community support services agency |
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276 | 276 | | licensed under Chapter 142, Health and Safety Code. Except as |
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277 | 277 | | provided by Subsections (a) and (b), a person, including an |
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278 | 278 | | officer, employee, agent, contractor, or subcontractor of a |
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279 | 279 | | facility or provider subject to this subsection, having cause to |
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280 | 280 | | believe that an individual receiving services from the facility or |
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281 | 281 | | provider is in the state of abuse, neglect, or exploitation shall |
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282 | 282 | | immediately report to the commission the information required by |
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283 | 283 | | Subsection (d). Notwithstanding Section 48.0021, in this |
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284 | 284 | | subsection "commission" means the Health and Human Services |
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285 | 285 | | Commission. |
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286 | 286 | | (c) The duty imposed by Subsections (a), (b), and (b-1) |
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287 | 287 | | [(b)] applies without exception to a person whose knowledge |
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288 | 288 | | concerning possible abuse, neglect, or exploitation is obtained |
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289 | 289 | | during the scope of the person's employment or whose professional |
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290 | 290 | | communications are generally confidential, including an attorney, |
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291 | 291 | | clergy member, medical practitioner, social worker, employee or |
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292 | 292 | | member of a board that licenses or certifies a professional, and |
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293 | 293 | | mental health professional. |
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294 | 294 | | SECTION 15. Section 48.251(a), Human Resources Code, is |
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295 | 295 | | amended by adding Subdivisions (1-a) and (2-a) and amending |
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296 | 296 | | Subdivision (3) to read as follows: |
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297 | 297 | | (1-a) "Commission" means the Health and Human Services |
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298 | 298 | | Commission, notwithstanding Section 48.0021. |
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299 | 299 | | (2-a) "Executive commissioner" means the executive |
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300 | 300 | | commissioner of the Health and Human Services Commission, |
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301 | 301 | | notwithstanding Section 48.0021. |
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302 | 302 | | (3) "Facility" means: |
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303 | 303 | | (A) a facility listed in Section 532.001(b) or |
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304 | 304 | | 532A.001(b), Health and Safety Code, [including community services |
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305 | 305 | | operated by the Department of State Health Services or Department |
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306 | 306 | | of Aging and Disability Services,] as described by those sections, |
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307 | 307 | | or a person contracting with a health and human services agency to |
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308 | 308 | | provide inpatient mental health services; [and] |
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309 | 309 | | (B) a facility licensed under Chapter 252, Health |
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310 | 310 | | and Safety Code; |
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311 | 311 | | (C) a residential child-care facility as defined |
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312 | 312 | | by Section 42.002 at which an elderly person or an adult with a |
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313 | 313 | | disability resides or is in the facility's care; and |
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314 | 314 | | (D) a home and community support services agency |
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315 | 315 | | licensed under Chapter 142, Health and Safety Code. |
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316 | 316 | | SECTION 16. Sections 48.252(b) and (c), Human Resources |
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317 | 317 | | Code, are amended to read as follows: |
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318 | 318 | | (b) The department may not investigate under this |
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319 | 319 | | subchapter reports of abuse, neglect, or exploitation alleged or |
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320 | 320 | | suspected to have been committed by a provider that is operated, |
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321 | 321 | | licensed, certified, or registered by a state agency that has |
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322 | 322 | | authority under this chapter or other law to investigate reports of |
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323 | 323 | | abuse, neglect, or exploitation of an individual by the provider. |
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324 | 324 | | The department shall forward any report of abuse, neglect, or |
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325 | 325 | | exploitation alleged or suspected to have been committed by a |
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326 | 326 | | provider described by this subsection to the commission |
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327 | 327 | | [appropriate state agency] for investigation. |
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328 | 328 | | (c) The commission [department] shall receive and |
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329 | 329 | | investigate under this subchapter reports of abuse, neglect, or |
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330 | 330 | | exploitation of: |
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331 | 331 | | (1) an individual who lives in a residence that is |
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332 | 332 | | owned, operated, or controlled by a provider who provides home and |
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333 | 333 | | community-based services under the home and community-based |
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334 | 334 | | services waiver program described by Section 534.001(11)(B), |
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335 | 335 | | Government Code, regardless of whether the individual is receiving |
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336 | 336 | | services under that waiver program from the provider; and |
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337 | 337 | | (2) an elderly person or an adult with a disability who |
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338 | 338 | | lives in or is in the care of a residential child-care facility as |
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339 | 339 | | defined by Section 42.002. |
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340 | 340 | | SECTION 17. Sections 48.253(a), (b), and (c), Human |
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341 | 341 | | Resources Code, are amended to read as follows: |
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342 | 342 | | (a) On receipt by the commission [department] of a report of |
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343 | 343 | | alleged abuse, neglect, or exploitation under this subchapter, the |
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344 | 344 | | commission [department] shall initiate a prompt and thorough |
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345 | 345 | | investigation as needed to evaluate the accuracy of the report and |
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346 | 346 | | to assess the need for emergency protective services, unless the |
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347 | 347 | | commission [department], in accordance with rules adopted under |
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348 | 348 | | this subchapter, determines that the report: |
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349 | 349 | | (1) is frivolous or patently without a factual basis; |
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350 | 350 | | or |
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351 | 351 | | (2) does not concern abuse, neglect, or exploitation. |
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352 | 352 | | (b) After receiving a report that alleges that a provider is |
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353 | 353 | | or may be the person who committed the alleged abuse, neglect, or |
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354 | 354 | | exploitation, the commission [department] shall notify the |
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355 | 355 | | provider [and the appropriate health and human services agency] in |
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356 | 356 | | accordance with rules adopted by the executive commissioner. |
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357 | 357 | | (c) The provider identified under Subsection (b) shall: |
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358 | 358 | | (1) cooperate completely with an investigation |
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359 | 359 | | conducted under this subchapter; and |
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360 | 360 | | (2) provide the commission [department] complete |
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361 | 361 | | access during an investigation to: |
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362 | 362 | | (A) all sites owned, operated, or controlled by |
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363 | 363 | | the provider; and |
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364 | 364 | | (B) clients and client records. |
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365 | 365 | | SECTION 18. Sections 48.254(a) and (c), Human Resources |
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366 | 366 | | Code, are amended to read as follows: |
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367 | 367 | | (a) The executive commissioner by rule shall establish |
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368 | 368 | | procedures for the commission [department] to use to forward a copy |
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369 | 369 | | of the initial intake report and a copy of the completed provider |
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370 | 370 | | investigation report relating to alleged or suspected abuse, |
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371 | 371 | | neglect, or exploitation to the appropriate provider [and health |
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372 | 372 | | and human services agency]. |
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373 | 373 | | (c) A provider that receives the findings of an [a |
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374 | 374 | | completed] investigation from the commission report under |
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375 | 375 | | Subsection (a) shall forward the findings [report] to the managed |
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376 | 376 | | care organization with which the provider contracts for services |
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377 | 377 | | for the alleged victim. |
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378 | 378 | | SECTION 19. Sections 48.255(a) and (b), Human Resources |
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379 | 379 | | Code, are amended to read as follows: |
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380 | 380 | | (a) The executive commissioner shall adopt rules to: |
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381 | 381 | | (1) prioritize investigations conducted under this |
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382 | 382 | | subchapter with the primary criterion being whether there is a risk |
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383 | 383 | | that a delay in the investigation will impede the collection of |
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384 | 384 | | evidence in that investigation; and |
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385 | 385 | | (2) [establish procedures for resolving disagreements |
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386 | 386 | | between the department and health and human services agencies |
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387 | 387 | | concerning the department's investigation findings; and |
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388 | 388 | | [(3)] provide for an appeals process by the commission |
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389 | 389 | | [department] for the alleged victim of abuse, neglect, or |
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390 | 390 | | exploitation. |
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391 | 391 | | (b) A confirmed investigation finding by the commission |
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392 | 392 | | [department] may not be changed by the administrator of a facility, |
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393 | 393 | | a community center, a local mental health authority, or a local |
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394 | 394 | | intellectual and developmental disability authority. |
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395 | 395 | | SECTION 20. Sections 48.256(a), (b), and (c), Human |
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396 | 396 | | Resources Code, are amended to read as follows: |
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397 | 397 | | (a) The executive commissioner shall adopt rules that |
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398 | 398 | | prescribe the appropriate manner in which [health and human |
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399 | 399 | | services agencies and] managed care organizations provide the |
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400 | 400 | | commission [department] with information necessary to facilitate |
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401 | 401 | | the: |
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402 | 402 | | (1) identification of individuals receiving services |
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403 | 403 | | from providers; and |
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404 | 404 | | (2) [to facilitate] notification of providers by the |
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405 | 405 | | commission [department]. |
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406 | 406 | | (b) The executive commissioner shall adopt rules requiring |
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407 | 407 | | a provider to provide information [to the administering health and |
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408 | 408 | | human services agency] necessary to facilitate the: |
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409 | 409 | | (1) identification by the commission [department] of |
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410 | 410 | | individuals receiving services from providers; and |
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411 | 411 | | (2) [to facilitate] notification of providers by the |
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412 | 412 | | commission [department]. |
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413 | 413 | | (c) A provider of home and community-based services under |
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414 | 414 | | the home and community-based services waiver program described by |
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415 | 415 | | Section 534.001(11)(B), Government Code, shall post in a |
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416 | 416 | | conspicuous location inside any residence owned, operated, or |
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417 | 417 | | controlled by the provider in which home and community-based waiver |
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418 | 418 | | services are provided, a sign that states: |
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419 | 419 | | (1) the name, address, and telephone number of the |
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420 | 420 | | provider; |
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421 | 421 | | (2) the effective date of the provider's contract with |
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422 | 422 | | the commission [applicable health and human services agency] to |
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423 | 423 | | provide home and community-based services; and |
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424 | 424 | | (3) the name of the legal entity that contracted with |
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425 | 425 | | the commission [applicable health and human services agency] to |
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426 | 426 | | provide those services. |
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427 | 427 | | SECTION 21. Sections 48.258(a) and (b), Human Resources |
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428 | 428 | | Code, are amended to read as follows: |
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429 | 429 | | (a) The commission [health and human services agencies] |
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430 | 430 | | shall[, at the direction of the executive commissioner, jointly] |
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431 | 431 | | develop and implement a system to track reports and investigations |
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432 | 432 | | under this subchapter. |
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433 | 433 | | (b) To facilitate implementation of the system, the |
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434 | 434 | | commission [health and human services agencies] shall use |
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435 | 435 | | appropriate methods of measuring the number and outcome of reports |
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436 | 436 | | and investigations under this subchapter. |
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437 | 437 | | SECTION 22. Section 103.008(b), Human Resources Code, is |
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438 | 438 | | amended to read as follows: |
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439 | 439 | | (b) Any person may request an inspection of a facility by |
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440 | 440 | | notifying the commission in writing of an alleged violation of a |
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441 | 441 | | licensing requirement. The complaint shall be as detailed as |
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442 | 442 | | possible and signed by the complainant. The commission shall: |
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443 | 443 | | (1) if the complaint alleges abuse, neglect, or |
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444 | 444 | | exploitation, perform an [on-site] inspection as soon as feasible |
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445 | 445 | | but not [no] later than the 14th day [30 days] after the date the |
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446 | 446 | | commission receives [receiving] the complaint, unless after an |
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447 | 447 | | investigation the complaint is found to be frivolous;[. The |
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448 | 448 | | commission shall respond to a complainant in writing.] |
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449 | 449 | | (2) if the complaint does not allege abuse, neglect, |
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450 | 450 | | or exploitation, investigate the complaint not later than the 45th |
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451 | 451 | | day after the date the commission receives the complaint; |
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452 | 452 | | (3) respond to a complainant in writing; and |
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453 | 453 | | (4) [The commission shall also] receive and |
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454 | 454 | | investigate anonymous complaints. |
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455 | 455 | | SECTION 23. The following provisions are repealed: |
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456 | 456 | | (1) Section 252.121(b), Health and Safety Code; |
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457 | 457 | | (2) Section 252.126(b), Health and Safety Code; |
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458 | 458 | | (3) Section 48.252(a), Human Resources Code; and |
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459 | 459 | | (4) Section 48.254(b), Human Resources Code. |
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460 | 460 | | SECTION 24. (a) As soon as practicable after the effective |
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461 | 461 | | date of this Act, but not later than December 1, 2024, the |
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462 | 462 | | commissioner of the Department of Family and Protective Services |
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463 | 463 | | shall transfer any department funds and resources, including |
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464 | 464 | | information technology, documents, and personnel allocated for the |
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465 | 465 | | investigation of reports under Subchapter F, Chapter 48, Human |
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466 | 466 | | Resources Code, to the Health and Human Services Commission to |
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467 | 467 | | allow the commission to perform the functions described under |
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468 | 468 | | Subchapter F, Chapter 48, Human Resources Code, as amended by this |
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469 | 469 | | Act. |
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470 | 470 | | (b) Notwithstanding the effective date of this Act, the |
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471 | 471 | | Health and Human Services Commission is not required to comply with |
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472 | 472 | | changes in law made by this Act until the transfer required by |
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473 | 473 | | Subsection (a) of this section is completed. |
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474 | 474 | | SECTION 25. If before implementing any provision of this |
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475 | 475 | | Act a state agency determines that a waiver or authorization from a |
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476 | 476 | | federal agency is necessary for implementation of that provision, |
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477 | 477 | | the agency affected by the provision shall request the waiver or |
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478 | 478 | | authorization and may delay implementing that provision until the |
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479 | 479 | | waiver or authorization is granted. |
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480 | 480 | | SECTION 26. This Act takes effect September 1, 2023. |
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481 | 481 | | ______________________________ ______________________________ |
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482 | 482 | | President of the Senate Speaker of the House |
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483 | 483 | | I certify that H.B. No. 4696 was passed by the House on May 2, |
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484 | 484 | | 2023, by the following vote: Yeas 139, Nays 1, 1 present, not |
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485 | 485 | | voting; and that the House concurred in Senate amendments to H.B. |
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486 | 486 | | No. 4696 on May 26, 2023, by the following vote: Yeas 138, Nays 0, |
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487 | 487 | | 1 present, not voting. |
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488 | 488 | | ______________________________ |
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489 | 489 | | Chief Clerk of the House |
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490 | 490 | | I certify that H.B. No. 4696 was passed by the Senate, with |
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491 | 491 | | amendments, on May 24, 2023, by the following vote: Yeas 30, Nays |
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492 | 492 | | 0. |
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493 | 493 | | ______________________________ |
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494 | 494 | | Secretary of the Senate |
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495 | 495 | | APPROVED: __________________ |
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496 | 496 | | Date |
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497 | 497 | | __________________ |
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498 | 498 | | Governor |
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