Texas House Bill HB4947

Texas 2025 - 89th Regular

• Filed: 3/13/25

Caption

Relating to the prohibited provision of certain residential caregiver services by individuals with certain criminal convictions; creating a criminal offense.

Impact

The enactment of HB 4947 will result in a systematic review of the criminal history of individuals seeking to work as residential caregivers. Medicaid providers will be required to check both state and federal criminal history records before hiring or contracting with caregivers. If a caregiver is later convicted of a disqualifying offense, they must be terminated immediately. This imposes a new layer of scrutiny to ensure that only qualified, law-abiding individuals can provide care, which proponents argue is crucial to protect individuals receiving care.

Summary

House Bill 4947 addresses the provision of residential caregiver services by individuals with certain criminal convictions. The bill specifically prohibits those convicted of specific offenses as outlined in Section 250.006 of the Health and Safety Code from being employed or contracted to provide residential care services to Medicaid recipients with intellectual or developmental disabilities. The bill aims to enhance the safety and quality of care for vulnerable populations served under Medicaid's 1915(c) waiver program, by ensuring that individuals with serious criminal backgrounds cannot work in sensitive caregiving roles.

Contention

While supporters commend the intentions behind the bill as a means to protect vulnerable populations, there may be concerns regarding the implications for individuals with past convictions who are trying to reintegrate into society. Critics might argue that such restrictions could unfairly penalize individuals for their pasts, not allowing them the opportunity to turn their lives around. Balancing the protection of vulnerable individuals with fair employment opportunities for those with criminal records presents a key tension in the discussion surrounding HB 4947.

Texas Constitutional Statutes Affected

Government Code

• Chapter 532. Medicaid Administration And Operation In General
  • Section: New Section

Health And Safety Code

• Chapter 250. Nurse Aide Registry And Criminal History Checks Of Employees And Applicants For Employment In Certain Facilities Serving The Elderly, Persons With Disabilities, Or Persons With Terminal Illnesses
  • Section: New Section