89R15487 JG-D
By: Turner H.B. No. 4947
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited provision of certain residential
caregiver services by individuals with certain criminal
convictions; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.02485, Government Code, is
transferred to Subchapter D, Chapter 532, Government Code, as
effective April 1, 2025, redesignated as Section 532.0157,
Government Code, and amended to read as follows:
Sec. 532.0157 [531.02485]. REQUIRED REVIEW OF CRIMINAL
HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS;
CRIMINAL OFFENSE. (a) In this section, "residential caregiver"
means an individual who provides, through a group home or other
residential facility licensed by or operated under the authority of
the commission, community-based residential care services:
(1) to not more than four individuals with an
intellectual or developmental disability at any time; and
(2) at a residence other than the home of the
individual providing the services.
(b) A Medicaid provider, including a provider providing
services under a 1915(c) waiver program, that employs or contracts
with a residential caregiver to provide community-based
residential care services to [Medicaid] recipients shall review
state and federal criminal history record information and obtain
electronic updates from the Department of Public Safety of arrests
and convictions for each residential caregiver the provider employs
or contracts with to provide community-based residential care
services to [Medicaid] recipients.
(c) An individual who has been convicted of an offense
described by Section 250.006, Health and Safety Code, may not be
employed or contracted as a residential caregiver or otherwise
provide direct care to a [Medicaid] recipient with an intellectual
or developmental disability to the same extent and, if applicable,
for the same period of time prescribed by Section 250.006(a) or (b),
Health and Safety Code, as an individual similarly convicted under
those subsections. An individual who violates this subsection is
subject to disciplinary action by the commission. An individual who
violates this subsection commits an offense. An offense under this
subsection is a Class A misdemeanor.
(d) A Medicaid provider shall immediately discharge any
individual the provider employs or contracts with as a residential
caregiver who is convicted of an offense described by Section
250.006, Health and Safety Code.
(e) Notwithstanding any other law, the commission shall
take disciplinary action against a Medicaid provider that violates
this section, including imposing an administrative penalty or
vendor hold, terminating a contract or license, or any other
disciplinary action the commission determines appropriate. In
determining the appropriate disciplinary action to take against a
Medicaid provider under this subsection, the commission shall
consider:
(1) the nature and seriousness of the violation;
(2) the history of previous violations; and
(3) any other matter justice may require.
(f) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 3. This Act takes effect September 1, 2025.