Texas 2025 - 89th Regular

Texas House Bill HB2187 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R20769~~ KRM-F
	1	+	89R8277 KRM-F
2	2		By: Howard H.B. No. 2187
3		-	Substitute the following for H.B. No. 2187:
4		-	By: VanDeaver C.S.H.B. No. 2187
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11		-	relating to hospital staffing report and complaint processes and to
12		-	retaliation and mandatory overtime protections for nurses.
	9	+	relating to hospital staffing report processes and to retaliation
	10	+	and mandatory overtime protections for nurses; providing
	11	+	administrative penalties.
13	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	13		SECTION 1. Section 257.001, Health and Safety Code, is
15	14		amended by amending Subdivision (1) and adding Subdivision (1-a) to
16	15		read as follows:
17	16		(1) "Commission" means the Health and Human Services
18	17		Commission.
19	18		(1-a) "Committee" means a nurse staffing committee
20	19		required by this chapter.
21	20		SECTION 2. Section 257.005, Health and Safety Code, is
22		-	amended by adding Subsections (a-1) and (d) to read as follows:
23		-	(a-1) The chief nursing officer of each hospital shall
24		-	attest to the accuracy of information reported under Subsection
25		-	(a).
26		-	(d) The department shall provide the information reported
27		-	under Subsection (a) to the commission.
	21	+	amended by amending Subsection (c) and adding Subsection (d) to
	22	+	read as follows:
	23	+	(c) The [To the extent possible, the] department shall
	24	+	develop a mandatory reporting process to collect the data required
	25	+	under Subsection (a) [as part of a survey required by the department
	26	+	under other law].
	27	+	(d) The department shall provide the data reported under
	28	+	Subsection (a) to the commission for enforcement purposes.
28	29		SECTION 3. Chapter 257, Health and Safety Code, is amended
29		-	by adding Sections 257.006 and 257.007 to read as follows:
30		-	Sec. 257.006. PROHIBITED RETALIATION. A hospital may not
31		-	retaliate against a nurse who provides information to the committee
32		-	or reports violations of this chapter to hospital management or the
33		-	commission.
34		-	Sec. 257.007. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The
35		-	commission shall enforce this chapter in accordance with:
36		-	(1) Subchapter C, Chapter 241, against a hospital
37		-	licensed under that chapter as if the hospital violated that
38		-	chapter;
39		-	(2) Chapter 577 and rules adopted under Sections
40		-	577.010 and 577.013, against a hospital licensed under Chapter 577
41		-	as if the hospital violated that chapter; and
42		-	(3) rules adopted under Section 241.026(a).
43		-	(b) The commission shall establish a process to provide
44		-	prompt review and timely resolution of each complaint submitted
45		-	under this chapter. The commission must:
46		-	(1) develop a procedure, or designate an existing
47		-	procedure, through which a party may submit a written or verbal
48		-	complaint;
49		-	(2) establish a time to review and respond to the
50		-	complaint; and
51		-	(3) provide the complainant written notice of the
52		-	commission's decision regarding the complaint, including:
53		-	(A) the contact information of the commission
54		-	employee responsible for the complaint;
55		-	(B) commission actions in reviewing, evaluating,
56		-	or investigating the complaint;
57		-	(C) the results of the commission's review of the
58		-	complaint;
59		-	(D) for each reviewed complaint for which an
60		-	investigation is not conducted, an explanation of the reason the
61		-	commission resolved the complaint without investigation; and
62		-	(E) the date the complaint is resolved.
63		-	(c) All information and materials in the possession of or
64		-	obtained or compiled by the commission in connection with a
65		-	complaint and investigation are confidential and not subject to
66		-	disclosure in accordance with:
67		-	(1) Section 241.051(d) for a complaint submitted
68		-	against a hospital licensed under Chapter 241; or
69		-	(2) Section 577.013(e) for a complaint submitted
70		-	against a hospital licensed under Chapter 577.
71		-	SECTION 4. Section 258.001, Health and Safety Code, is
72		-	amended by amending Subdivision (1) and adding Subdivision (1-a) to
73		-	read as follows:
	30	+	by adding Section 257.006 to read as follows:
	31	+	Sec. 257.006. PROHIBITED RETALIATION. (a) A hospital may
	32	+	not retaliate against a nurse who provides information to the
	33	+	committee or reports violations of this chapter to hospital
	34	+	management or the commission.
	35	+	(b) A violation of this section constitutes a violation of
	36	+	Section 161.134, and a nurse may seek any appropriate remedy
	37	+	provided by that section.
	38	+	SECTION 4. Subtitle B, Title 4, Health and Safety Code, is
	39	+	amended by adding Chapter 258A to read as follows:
	40	+	CHAPTER 258A. ENFORCEMENT OF HOSPITAL NURSE STAFFING AND OVERTIME
	41	+	REQUIREMENTS
	42	+	Sec. 258A.001. DEFINITIONS. In this chapter:
74	43		(1) "Commission" means the Health and Human Services
75	44		Commission.
76		-	(1-a) "Hospital" means:
77		-	(A) a general hospital or special hospital, as
78		-	those terms are defined by Section 241.003, including a hospital
79		-	maintained or operated by this state; or
80		-	(B) a mental hospital licensed under Chapter 577.
81		-	SECTION 5. Section 258.005, Health and Safety Code, is
82		-	amended to read as follows:
83		-	Sec. 258.005. RETALIATION PROHIBITED. A hospital may not
84		-	suspend, terminate, or otherwise discipline or discriminate
85		-	against a nurse who refuses to work mandatory overtime or reports
86		-	violations of this chapter to hospital management or the
87		-	commission.
88		-	SECTION 6. Chapter 258, Health and Safety Code, is amended
89		-	by adding Section 258.006 to read as follows:
90		-	Sec. 258.006. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The
91		-	commission shall enforce this chapter in accordance with:
92		-	(1) Subchapter C, Chapter 241, against a hospital
93		-	licensed under that chapter as if the hospital violated that
94		-	chapter;
95		-	(2) Chapter 577 and rules adopted under Sections
96		-	577.010 and 577.013, against a hospital licensed under Chapter 577
97		-	as if the hospital violated that chapter; and
98		-	(3) rules adopted under Section 241.026(a).
99		-	(b) The commission shall establish a process to provide
100		-	prompt review and timely resolution of each complaint submitted
101		-	under this chapter. The commission must:
102		-	(1) develop a procedure, or designate an existing
103		-	procedure, through which a party may submit a written or verbal
104		-	complaint;
105		-	(2) establish a time to review and respond to the
106		-	complaint; and
107		-	(3) provide the complainant written notice of the
108		-	commission's decision regarding the complaint, including:
109		-	(A) the contact information of the commission
110		-	employee responsible for the complaint;
111		-	(B) commission actions in reviewing, evaluating,
112		-	or investigating the complaint;
113		-	(C) the results of the commission's review of the
114		-	complaint;
115		-	(D) for each reviewed complaint for which an
116		-	investigation is not conducted, an explanation of the reason the
117		-	commission resolved the complaint without investigation; and
118		-	(E) the date the complaint is resolved.
119		-	(c) All information and materials in the possession of or
120		-	obtained or compiled by the commission in connection with a
121		-	complaint and investigation are confidential and not subject to
122		-	disclosure in accordance with:
123		-	(1) Section 241.051(d) for a complaint submitted
124		-	against a hospital licensed under Chapter 241; or
125		-	(2) Section 577.013(e) for a complaint submitted
126		-	against a hospital licensed under Chapter 577.
127		-	SECTION 7. Not later than December 31, 2025, the executive
	45	+	(2) "Executive commissioner" means the executive
	46	+	commissioner of the commission.
	47	+	Sec. 258A.002. REPORT OF VIOLATION. The commission shall:
	48	+	(1) develop and maintain a web page accessible on the
	49	+	commission's Internet website through which a nurse may report a
	50	+	violation of Chapter 257 or 258;
	51	+	(2) investigate each report of an alleged violation;
	52	+	(3) develop procedures to notify a hospital of an
	53	+	alleged violation and provide due process during an investigation;
	54	+	and
	55	+	(4) issue a corrective action plan and any appropriate
	56	+	penalties under Section 258A.003.
	57	+	Sec. 258A.003. ADMINISTRATIVE PENALTY. (a) The commission
	58	+	in accordance with the authority granted under other law may impose
	59	+	an administrative penalty on a hospital that:
	60	+	(1) knowingly submits false information to the
	61	+	Department of State Health Services under Section 257.005(a); or
	62	+	(2) violates Chapter 257 or 258 or rules adopted under
	63	+	those chapters.
	64	+	(b) The executive commissioner by rule shall develop an
	65	+	administrative penalty schedule for penalties imposed under this
	66	+	section based on the impact of the violation on patient care, nurse
	67	+	satisfaction, and the public interest.
	68	+	(c) The attorney general may sue to collect the penalty.
	69	+	SECTION 5. Not later than December 31, 2025, the executive
128	70		commissioner of the Health and Human Services Commission shall
129	71		adopt any rules necessary to implement the changes in law made by
130	72		this Act.
131		-	SECTION 8. This Act takes effect September 1, 2025.
	73	+	SECTION 6. This Act takes effect September 1, 2025.