Texas 2025 - 89th Regular

Texas House Bill HB4947 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15487 JG-D
2	2	By: Turner H.B. No. 4947
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibited provision of certain residential
10	10	caregiver services by individuals with certain criminal
11	11	convictions; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 531.02485, Government Code, is
14	14	transferred to Subchapter D, Chapter 532, Government Code, as
15	15	effective April 1, 2025, redesignated as Section 532.0157,
16	16	Government Code, and amended to read as follows:
17	17	Sec. 532.0157 [531.02485]. REQUIRED REVIEW OF CRIMINAL
18	18	HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS;
19	19	CRIMINAL OFFENSE. (a) In this section, "residential caregiver"
20	20	means an individual who provides, through a group home or other
21	21	residential facility licensed by or operated under the authority of
22	22	the commission, community-based residential care services:
23	23	(1) to not more than four individuals with an
24	24	intellectual or developmental disability at any time; and
25	25	(2) at a residence other than the home of the
26	26	individual providing the services.
27	27	(b) A Medicaid provider, including a provider providing
28	28	services under a 1915(c) waiver program, that employs or contracts
29	29	with a residential caregiver to provide community-based
30	30	residential care services to [Medicaid] recipients shall review
31	31	state and federal criminal history record information and obtain
32	32	electronic updates from the Department of Public Safety of arrests
33	33	and convictions for each residential caregiver the provider employs
34	34	or contracts with to provide community-based residential care
35	35	services to [Medicaid] recipients.
36	36	(c) An individual who has been convicted of an offense
37	37	described by Section 250.006, Health and Safety Code, may not be
38	38	employed or contracted as a residential caregiver or otherwise
39	39	provide direct care to a [Medicaid] recipient with an intellectual
40	40	or developmental disability to the same extent and, if applicable,
41	41	for the same period of time prescribed by Section 250.006(a) or (b),
42	42	Health and Safety Code, as an individual similarly convicted under
43	43	those subsections. An individual who violates this subsection is
44	44	subject to disciplinary action by the commission. An individual who
45	45	violates this subsection commits an offense. An offense under this
46	46	subsection is a Class A misdemeanor.
47	47	(d) A Medicaid provider shall immediately discharge any
48	48	individual the provider employs or contracts with as a residential
49	49	caregiver who is convicted of an offense described by Section
50	50	250.006, Health and Safety Code.
51	51	(e) Notwithstanding any other law, the commission shall
52	52	take disciplinary action against a Medicaid provider that violates
53	53	this section, including imposing an administrative penalty or
54	54	vendor hold, terminating a contract or license, or any other
55	55	disciplinary action the commission determines appropriate. In
56	56	determining the appropriate disciplinary action to take against a
57	57	Medicaid provider under this subsection, the commission shall
58	58	consider:
59	59	(1) the nature and seriousness of the violation;
60	60	(2) the history of previous violations; and
61	61	(3) any other matter justice may require.
62	62	(f) The executive commissioner shall adopt rules necessary
63	63	to implement this section.
64	64	SECTION 2. To the extent of any conflict, this Act prevails
65	65	over another Act of the 89th Legislature, Regular Session, 2025,
66	66	relating to nonsubstantive additions to and corrections in enacted
67	67	codes.
68	68	SECTION 3. This Act takes effect September 1, 2025.