Texas 2023 - 88th Regular

Texas Senate Bill SB652

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the office of the state long-term care ombudsman.

Impact

The impact of SB652 on state laws is significant, particularly for long-term care facilities and the residents they serve. With the bill's provisions, the ombudsman is empowered to investigate complaints independently, ensuring that residents’ grievances can be addressed promptly without the limitations often posed by regulatory agency investigations. Additionally, the bill emphasizes the importance of training for ombudsmen so that investigations are conducted effectively and within the legal framework, thereby improving the quality of care and advocacy in these facilities.

Summary

SB652 focuses on enhancing the responsibilities and access rights of the office of the state long-term care ombudsman. Primarily, the bill updates several sections of the Human Resources Code to clarify the ombudsman's role in advocating for the rights of residents in long-term care facilities. This includes defined access to patient care records, the provision for confidential investigations that do not require collecting evidence for civil or criminal enforcement, and the reassurance that the ombudsman's office operates independently of other regulatory agencies.

Sentiment

The sentiment surrounding SB652 appears to be largely supportive among advocates for elderly care and resident rights. These groups recognize the necessity for a robust system of accountability within long-term care facilities. However, there may be concerns regarding how the broad access to patient care records could affect confidentiality, highlighting a balance that needs to be maintained between oversight and privacy in care settings.

Contention

Some points of contention may arise around the implications of the ombudsman's independent authority to assess complaints and access sensitive records without direct oversight from regulatory bodies. This raises questions regarding how well the bill’s provisions ensure the rights of residents while maintaining appropriate confidentiality. Potential opposition could emerge from those concerned about the ramifications that such expansive powers might have on the operational practices within long-term care facilities and the legal safeguards for both residents and caregivers.

Texas Constitutional Statutes Affected

Human Resources Code

  • Chapter 101a. State Services For The Aging
    • Section: New Section
    • Section: 257
    • Section: 258
    • Section: 261
    • Section: 262

Companion Bills

TX HB4220

Identical Relating to the office of the state long-term care ombudsman.

Similar Bills

CA AB289

California Public Records Act Ombudsperson.

MI HB4316

Legislature: legislative agencies; ombudsman for public employees; create. Creates new act.

MI HB4397

Legislature: legislative agencies; ombudsman for public employees; create. Creates new act.

MI SB0156

Legislature: legislative agencies; office of legislative corrections ombudsman; expand powers and duties. Amends secs. 1, 4, 5, 7, 11, 12, 13 & 14 of 1975 PA 46 (MCL 4.351 et seq.).

MI SB0785

Legislature: legislative agencies; freedom of information act ombudsman; create. Creates new act.

TX HB3462

Relating to the consolidation of ombudsman programs administered by the Health and Human Services Commission.

TX SB1101

Relating to the consolidation of ombudsman programs administered by the Health and Human Services Commission.

CO HB1205

Office Of Judicial Ombudsman