Texas 2023 - 88th Regular

Texas Senate Bill SB2103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6195 KKR-F
2	2	By: Miles S.B. No. 2103
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to transferring certain investigations of abuse, neglect,
8	8	and exploitation to the Health and Human Services Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 142.018(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) A home and community support services agency that has
13	13	cause to believe that a person receiving services from the agency
14	14	has been abused, exploited, or neglected by an employee of the
15	15	agency shall report the information to[:
16	16	[(1)] the commission [department; and
17	17	[(2) the Department of Family and Protective Services
18	18	or other appropriate state agency as required by Section 48.051,
19	19	Human Resources Code].
20	20	SECTION 2. Section 253.001(4), Health and Safety Code, is
21	21	amended to read as follows:
22	22	(4) "Facility" means:
23	23	(A) a facility:
24	24	(i) licensed by the Health and Human
25	25	Services Commission [department]; or
26	26	(ii) licensed under Chapter 252;
27	27	(B) an adult foster care provider that contracts
28	28	with the Health and Human Services Commission [department];
29	29	(C) a home and community support services agency
30	30	licensed by the Health and Human Services Commission [department]
31	31	under Chapter 142; [or]
32	32	(D) a prescribed pediatric extended care center
33	33	licensed under Chapter 248A; or
34	34	(E) a residential child-care operation regulated
35	35	under 26 T.A.C. Chapter 748 or 749.
36	36	SECTION 3. Section 260A.002(a-1), Health and Safety Code,
37	37	is amended to read as follows:
38	38	(a-1) Notwithstanding any other provision of this chapter,
39	39	a report made under this section that a provider is or may be
40	40	alleged to have committed abuse, neglect, or exploitation of a
41	41	resident of a facility other than a prescribed pediatric extended
42	42	care center shall be investigated by the Health and Human Services
43	43	Commission [Department of Family and Protective Services] in
44	44	accordance with Subchapter F, Chapter 48, Human Resources Code, and
45	45	this chapter does not apply to that investigation. In this
46	46	subsection, "facility" and "provider" have the meanings assigned by
47	47	Section 48.251, Human Resources Code.
48	48	SECTION 4. Section 48.251(a)(3), Human Resources Code, is
49	49	amended to read as follows:
50	50	(3) "Facility" means:
51	51	(A) a facility listed in Section 532.001(b) or
52	52	532A.001(b), Health and Safety Code, [including community services
53	53	operated by the Department of State Health Services or Department
54	54	of Aging and Disability Services,] as described by those sections,
55	55	or a person contracting with a health and human services agency to
56	56	provide inpatient mental health services; [and]
57	57	(B) a facility licensed under Chapter 252, Health
58	58	and Safety Code; and
59	59	(C) a residential child-care operation regulated
60	60	under 26 T.A.C. Chapter 748 or 749.
61	61	SECTION 5. Sections 48.252(a), (b), and (c), Human
62	62	Resources Code, are amended to read as follows:
63	63	(a) The commission [department] shall receive and, except
64	64	as provided by Subsection (b), shall investigate under this
65	65	subchapter reports of the abuse, neglect, or exploitation of an
66	66	individual receiving services if the person alleged or suspected to
67	67	have committed the abuse, neglect, or exploitation is a provider.
68	68	(b) The department may not investigate under this
69	69	subchapter reports of abuse, neglect, or exploitation alleged or
70	70	suspected to have been committed by a provider that is operated,
71	71	licensed, certified, or registered by a state agency that has
72	72	authority under this chapter or other law to investigate reports of
73	73	abuse, neglect, or exploitation of an individual by the provider.
74	74	The department shall forward any report of abuse, neglect, or
75	75	exploitation alleged or suspected to have been committed by a
76	76	provider described by this subsection to the commission
77	77	[appropriate state agency] for investigation.
78	78	(c) The commission [department] shall receive and
79	79	investigate under this subchapter reports of abuse, neglect, or
80	80	exploitation of:
81	81	(1) an individual who lives in a residence that is
82	82	owned, operated, or controlled by a provider who provides home and
83	83	community-based services under the home and community-based
84	84	services waiver program described by Section 534.001(11)(B),
85	85	Government Code, regardless of whether the individual is receiving
86	86	services under that waiver program from the provider; and
87	87	(2) an elderly person or a person with a disability who
88	88	lives in a residential child-care operation regulated under 26
89	89	T.A.C. Chapter 748 or 749.
90	90	SECTION 6. Sections 48.253(a), (b), and (c), Human
91	91	Resources Code, are amended to read as follows:
92	92	(a) On receipt by the commission [department] of a report of
93	93	alleged abuse, neglect, or exploitation under this subchapter, the
94	94	commission [department] shall initiate a prompt and thorough
95	95	investigation as needed to evaluate the accuracy of the report and
96	96	to assess the need for emergency protective services, unless the
97	97	commission [department], in accordance with rules adopted under
98	98	this subchapter, determines that the report:
99	99	(1) is frivolous or patently without a factual basis;
100	100	or
101	101	(2) does not concern abuse, neglect, or exploitation.
102	102	(b) After receiving a report that alleges that a provider is
103	103	or may be the person who committed the alleged abuse, neglect, or
104	104	exploitation, the commission [department] shall notify the
105	105	provider [and the appropriate health and human services agency] in
106	106	accordance with rules adopted by the executive commissioner.
107	107	(c) The provider identified under Subsection (b) shall:
108	108	(1) cooperate completely with an investigation
109	109	conducted under this subchapter; and
110	110	(2) provide the commission [department] complete
111	111	access during an investigation to:
112	112	(A) all sites owned, operated, or controlled by
113	113	the provider; and
114	114	(B) clients and client records.
115	115	SECTION 7. Sections 48.254(a) and (b), Human Resources
116	116	Code, are amended to read as follows:
117	117	(a) The executive commissioner by rule shall establish
118	118	procedures for the commission [department] to use to forward a copy
119	119	of the initial intake report and a copy of the completed provider
120	120	investigation report relating to alleged or suspected abuse,
121	121	neglect, or exploitation to the appropriate provider [and health
122	122	and human services agency].
123	123	(b) The commission [department] shall redact from an
124	124	initial intake report and from the copy of the completed provider
125	125	investigation report any identifying information contained in the
126	126	report relating to the person who reported the alleged or suspected
127	127	abuse, neglect, or exploitation under this subchapter [Section
128	128	48.051].
129	129	SECTION 8. Sections 48.255(a) and (b), Human Resources
130	130	Code, are amended to read as follows:
131	131	(a) The executive commissioner shall adopt rules to:
132	132	(1) prioritize investigations conducted under this
133	133	subchapter with the primary criterion being whether there is a risk
134	134	that a delay in the investigation will impede the collection of
135	135	evidence in that investigation; and
136	136	(2) [establish procedures for resolving disagreements
137	137	between the department and health and human services agencies
138	138	concerning the department's investigation findings; and
139	139	[(3)] provide for an appeals process by the commission
140	140	[department] for the alleged victim of abuse, neglect, or
141	141	exploitation.
142	142	(b) A confirmed investigation finding by the commission
143	143	[department] may not be changed by the administrator of a facility,
144	144	a community center, a local mental health authority, or a local
145	145	intellectual and developmental disability authority.
146	146	SECTION 9. Sections 48.256(a), (b), and (c), Human
147	147	Resources Code, are amended to read as follows:
148	148	(a) The executive commissioner shall adopt rules that
149	149	prescribe the appropriate manner in which [health and human
150	150	services agencies and] managed care organizations provide the
151	151	commission [department] with information necessary to facilitate
152	152	the:
153	153	(1) identification of individuals receiving services
154	154	from providers; and
155	155	(2) [to facilitate] notification of providers by the
156	156	commission [department].
157	157	(b) The executive commissioner shall adopt rules requiring
158	158	a provider to provide information [to the administering health and
159	159	human services agency] necessary to facilitate the:
160	160	(1) identification by the commission [department] of
161	161	individuals receiving services from providers; and
162	162	(2) [to facilitate] notification of providers by the
163	163	commission [department].
164	164	(c) A provider of home and community-based services under
165	165	the home and community-based services waiver program described by
166	166	Section 534.001(11)(B), Government Code, shall post in a
167	167	conspicuous location inside any residence owned, operated, or
168	168	controlled by the provider in which home and community-based waiver
169	169	services are provided, a sign that states:
170	170	(1) the name, address, and telephone number of the
171	171	provider;
172	172	(2) the effective date of the provider's contract with
173	173	the commission [applicable health and human services agency] to
174	174	provide home and community-based services; and
175	175	(3) the name of the legal entity that contracted with
176	176	the commission [applicable health and human services agency] to
177	177	provide those services.
178	178	SECTION 10. Sections 48.258(a) and (b), Human Resources
179	179	Code, are amended to read as follows:
180	180	(a) The commission [health and human services agencies]
181	181	shall[, at the direction of the executive commissioner, jointly]
182	182	develop and implement a system to track reports and investigations
183	183	under this subchapter.
184	184	(b) To facilitate implementation of the system, the
185	185	commission [health and human services agencies] shall use
186	186	appropriate methods of measuring the number and outcome of reports
187	187	and investigations under this subchapter.
188	188	SECTION 11. (a) As soon as practicable after the effective
189	189	date of this Act, but not later than December 1, 2023, the
190	190	commissioner of the Department of Family and Protective Services
191	191	shall transfer any department funds and resources, including
192	192	information technology, documents, and personnel allocated for the
193	193	investigation of reports under Subchapter F, Chapter 48, Human
194	194	Resources Code, to the Health and Human Services Commission to
195	195	allow the commission to perform the functions described under
196	196	Subchapter F, Chapter 48, Human Resources Code, as amended by this
197	197	Act.
198	198	(b) Notwithstanding the effective date of this Act, the
199	199	Health and Human Services Commission is not required to comply with
200	200	changes in law made by this Act until the transfer required by
201	201	Subsection (a) of this section is completed.
202	202	SECTION 12. This Act takes effect September 1, 2023.