89R20769 KRM-F
By: Howard H.B. No. 2187
Substitute the following for H.B. No. 2187:
By: VanDeaver C.S.H.B. No. 2187
A BILL TO BE ENTITLED
AN ACT
relating to hospital staffing report and complaint processes and to
retaliation and mandatory overtime protections for nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 257.001, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Commission" means the Health and Human Services
Commission.
(1-a) "Committee" means a nurse staffing committee
required by this chapter.
SECTION 2. Section 257.005, Health and Safety Code, is
amended by adding Subsections (a-1) and (d) to read as follows:
(a-1) The chief nursing officer of each hospital shall
attest to the accuracy of information reported under Subsection
(a).
(d) The department shall provide the information reported
under Subsection (a) to the commission.
SECTION 3. Chapter 257, Health and Safety Code, is amended
by adding Sections 257.006 and 257.007 to read as follows:
Sec. 257.006. PROHIBITED RETALIATION. A hospital may not
retaliate against a nurse who provides information to the committee
or reports violations of this chapter to hospital management or the
commission.
Sec. 257.007. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The
commission shall enforce this chapter in accordance with:
(1) Subchapter C, Chapter 241, against a hospital
licensed under that chapter as if the hospital violated that
chapter;
(2) Chapter 577 and rules adopted under Sections
577.010 and 577.013, against a hospital licensed under Chapter 577
as if the hospital violated that chapter; and
(3) rules adopted under Section 241.026(a).
(b) The commission shall establish a process to provide
prompt review and timely resolution of each complaint submitted
under this chapter. The commission must:
(1) develop a procedure, or designate an existing
procedure, through which a party may submit a written or verbal
complaint;
(2) establish a time to review and respond to the
complaint; and
(3) provide the complainant written notice of the
commission's decision regarding the complaint, including:
(A) the contact information of the commission
employee responsible for the complaint;
(B) commission actions in reviewing, evaluating,
or investigating the complaint;
(C) the results of the commission's review of the
complaint;
(D) for each reviewed complaint for which an
investigation is not conducted, an explanation of the reason the
commission resolved the complaint without investigation; and
(E) the date the complaint is resolved.
(c) All information and materials in the possession of or
obtained or compiled by the commission in connection with a
complaint and investigation are confidential and not subject to
disclosure in accordance with:
(1) Section 241.051(d) for a complaint submitted
against a hospital licensed under Chapter 241; or
(2) Section 577.013(e) for a complaint submitted
against a hospital licensed under Chapter 577.
SECTION 4. Section 258.001, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Commission" means the Health and Human Services
Commission.
(1-a) "Hospital" means:
(A) a general hospital or special hospital, as
those terms are defined by Section 241.003, including a hospital
maintained or operated by this state; or
(B) a mental hospital licensed under Chapter 577.
SECTION 5. Section 258.005, Health and Safety Code, is
amended to read as follows:
Sec. 258.005. RETALIATION PROHIBITED. A hospital may not
suspend, terminate, or otherwise discipline or discriminate
against a nurse who refuses to work mandatory overtime or reports
violations of this chapter to hospital management or the
commission.
SECTION 6. Chapter 258, Health and Safety Code, is amended
by adding Section 258.006 to read as follows:
Sec. 258.006. ENFORCEMENT; COMPLAINT RESOLUTION. (a) The
commission shall enforce this chapter in accordance with:
(1) Subchapter C, Chapter 241, against a hospital
licensed under that chapter as if the hospital violated that
chapter;
(2) Chapter 577 and rules adopted under Sections
577.010 and 577.013, against a hospital licensed under Chapter 577
as if the hospital violated that chapter; and
(3) rules adopted under Section 241.026(a).
(b) The commission shall establish a process to provide
prompt review and timely resolution of each complaint submitted
under this chapter. The commission must:
(1) develop a procedure, or designate an existing
procedure, through which a party may submit a written or verbal
complaint;
(2) establish a time to review and respond to the
complaint; and
(3) provide the complainant written notice of the
commission's decision regarding the complaint, including:
(A) the contact information of the commission
employee responsible for the complaint;
(B) commission actions in reviewing, evaluating,
or investigating the complaint;
(C) the results of the commission's review of the
complaint;
(D) for each reviewed complaint for which an
investigation is not conducted, an explanation of the reason the
commission resolved the complaint without investigation; and
(E) the date the complaint is resolved.
(c) All information and materials in the possession of or
obtained or compiled by the commission in connection with a
complaint and investigation are confidential and not subject to
disclosure in accordance with:
(1) Section 241.051(d) for a complaint submitted
against a hospital licensed under Chapter 241; or
(2) Section 577.013(e) for a complaint submitted
against a hospital licensed under Chapter 577.
SECTION 7. Not later than December 31, 2025, the executive
commissioner of the Health and Human Services Commission shall
adopt any rules necessary to implement the changes in law made by
this Act.
SECTION 8. This Act takes effect September 1, 2025.