Texas 2023 - 88th Regular

Texas Senate Bill SB652 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3105 JG-F
2	2	By: Schwertner, Perry S.B. No. 652
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the office of the state long-term care ombudsman.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 101A.251, Human Resources Code, is
10	10	amended by adding Subdivision (3-b) to read as follows:
11	11	(3-b) "Patient care record" means a record related to
12	12	a specific patient's direct care.
13	13	SECTION 2. Section 101A.257, Human Resources Code, is
14	14	amended by adding Subsection (a-1) and amending Subsection (b) to
15	15	read as follows:
16	16	(a-1) An investigation conducted under this section is for
17	17	the sole purpose of gathering information necessary to resolve a
18	18	resident's complaint or grievance to the resident's satisfaction.
19	19	In an investigation conducted under this section, the state
20	20	long-term care ombudsman or a representative, including an
21	21	ombudsman designated under Section 101A.255, is not required to
22	22	collect evidence to satisfy a burden of proof required in an
23	23	investigation conducted by a licensing or regulatory agency or a
24	24	law enforcement agency, and the results of the investigation do not
25	25	need to include any determinations on whether a law or rule has been
26	26	violated for purposes of civil or criminal enforcement.
27	27	(b) The state long-term care ombudsman shall ensure that
28	28	each ombudsman designated under Section 101A.255 who investigates
29	29	complaints has received proper training and has been approved by
30	30	the office as qualified to investigate complaints. The training
31	31	must include instruction regarding state laws and regulations
32	32	applicable to the institutional setting in which the ombudsman will
33	33	conduct the investigation.
34	34	SECTION 3. Section 101A.258, Human Resources Code, is
35	35	amended by amending Subsections (a) and (a-1) and adding Subsection
36	36	(a-2) to read as follows:
37	37	(a) The state long-term care ombudsman and representatives
38	38	shall, as provided by commission rules, have access to a resident's
39	39	patient care records and to a long-term care facility's
40	40	administrative records, policies, and other documents that
41	41	residents and the general public have access to in the normal course
42	42	of business [of residents as provided by commission rules]. For
43	43	purposes of this subsection, documents obtained through litigation
44	44	are not considered to have been obtained in the normal course of
45	45	business. Except as provided by Subsection (b), all records and
46	46	information created or obtained by the state long-term care
47	47	ombudsman or a representative remain confidential.
48	48	(a-1) The state long-term care ombudsman and
49	49	representatives shall have access to a resident's patient care
50	50	records [of a resident] if:
51	51	(1) the state long-term care ombudsman or
52	52	representative has obtained the resident's [resident] or the
53	53	resident's legal representative's informed consent [representative
54	54	consents] to [the] access the records;
55	55	(2) the resident is unable to consent to the access and
56	56	the resident has no legal representative; or
57	57	(3) access to the records is necessary to investigate
58	58	a complaint and:
59	59	(A) a legal representative of the resident
60	60	refuses to consent to the access;
61	61	(B) the state long-term care ombudsman or
62	62	representative has reasonable cause to believe that the legal
63	63	representative of the resident is not acting in the best interests
64	64	of the resident; and
65	65	(C) the state long-term care ombudsman approves
66	66	the access.
67	67	(a-2) The office shall provide documentation to a long-term
68	68	care facility that is the subject of an investigation conducted
69	69	under Section 101A.257 evidencing that the state long-term care
70	70	ombudsman or a representative is entitled to access a resident's
71	71	patient care records by having satisfied the requirements of
72	72	Subsection (a-1)(1), (a-1)(2), or (a-1)(3), as applicable.
73	73	SECTION 4. Section 101A.261, Human Resources Code, is
74	74	amended to read as follows:
75	75	Sec. 101A.261. PUBLIC INFORMATION. (a) The office shall
76	76	provide information and make recommendations to public agencies,
77	77	legislators, and other persons about the problems and concerns of
78	78	residents.
79	79	(b) The office shall include on each of the office's
80	80	publications a disclosure statement explaining that:
81	81	(1) the office acts independently of the commission;
82	82	(2) the office does not regulate long-term care
83	83	facilities; and
84	84	(3) information the office publishes is for
85	85	educational purposes only.
86	86	SECTION 5. Section 101A.262(a), Human Resources Code, is
87	87	amended to read as follows:
88	88	(a) The office shall prepare a report that contains:
89	89	(1) information and findings relating to the problems
90	90	and concerns of residents; [and]
91	91	(2) policy, regulatory, and legislative
92	92	recommendations to solve the problems, resolve the concerns, and
93	93	improve the quality of the residents' care and lives;
94	94	(3) a list of persons representing the office who
95	95	submitted a sworn statement to a committee of the legislature
96	96	indicating the office was present in favor of, in opposition to, or
97	97	without taking a position on legislation and a description of the
98	98	legislation, including the bill number, the position taken, and a
99	99	summary of the testimony given; and
100	100	(4) if the office submitted a public comment on a
101	101	proposed rule published in the Texas Register, a citation to the
102	102	volume and page numbers in the Texas Register that included the
103	103	proposed rule and a summary of the submitted comment.
104	104	SECTION 6. This Act takes effect September 1, 2023.