89R4291 MPF-D
By: Hall S.B. No. 128
A BILL TO BE ENTITLED
AN ACT
relating to hospital reporting requirements regarding suspected
child abuse, exploitation, or neglect; authorizing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 241, Health and Safety Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. CHILD ABUSE, EXPLOITATION, OR NEGLECT REPORTING
REQUIREMENTS
Sec. 241.451. SUSPECTED CHILD ABUSE, EXPLOITATION, OR
NEGLECT REPORTS. (a) In this section, "abuse," "exploitation,"
and "neglect" have the meanings assigned by Section 261.001, Family
Code.
(b) Not later than the fifth day of each month, a hospital
shall submit a report to the commission containing the following
information:
(1) the number of reports made during the preceding
month by the hospital or an agent or employee of the hospital to the
Department of Family and Protective Services under Chapter 261,
Family Code, regarding alleged or suspected abuse, exploitation, or
neglect of a child;
(2) whether the hospital informed the parent, legal
guardian, managing conservator, or possessory conservator of a
child who is the subject of a report described by Subdivision (1)
that the parent, legal guardian, managing conservator, or
possessory conservator may obtain an alternative opinion regarding
the appropriate course of medical treatment for the child; and
(3) any code indicating alleged or suspected abuse,
exploitation, or neglect that the hospital used for purposes of
diagnosing or treating a child who is the subject of a report
described by Subdivision (1), including, as applicable, the Current
Procedural Terminology (CPT) code, the Diagnosis Related Group
(DRG) code, the International Classification of Diseases (ICD)
code, or another common identifier.
(c) A hospital shall attach to each report submitted under
Subsection (b) a signed affidavit from each physician who during
the period covered by the report assigned or caused to be assigned a
code described by Subsection (b)(3) for purposes of diagnosing or
treating a child who is a subject of the report. The affidavit must
include the name of the physician who assigned the code or caused
the code to be assigned and a statement establishing whether the
physician assigned the code based on the physician's direct
observation of the child or based on information provided to the
physician by an agent or employee of the hospital. The information
contained in an affidavit required under this subsection is
confidential and not subject to disclosure under Chapter 552,
Government Code.
(d) If the information required to be included in the report
under Subsection (b)(3) is not available at the time a report is
submitted, the hospital shall include that information in the next
report required to be submitted by the hospital after the date the
information required by that subdivision becomes available and
attach to that next report any affidavit described by Subsection
(c) related to that information.
(e) A hospital shall submit the report required under
Subsection (b) in the form and manner prescribed by commission
rule.
Sec. 241.452. ADMINISTRATIVE PENALTY. (a) The commission
shall impose an administrative penalty on a hospital that violates
Section 241.451.
(b) Before imposing an administrative penalty on a hospital
under Subsection (a), the commission must provide written notice to
the hospital that:
(1) the hospital is in violation of Section 241.451
because the hospital has failed to timely submit a report required
under that section;
(2) the hospital has 15 days to submit the required
report; and
(3) if the hospital does not submit the required
report within 15 days of receiving notice of the violation, the
hospital will be subject to an administrative penalty for each day
the violation continues.
(c) The commission shall set an administrative penalty
imposed under this section in an amount sufficient to ensure
compliance by hospitals with Section 241.451, subject to the
limitations prescribed by Subsection (d).
(d) For a hospital with one of the following total gross
revenues as reported to the Centers for Medicare and Medicaid
Services or to another entity designated by commission rule in the
year preceding the year in which an administrative penalty is
imposed under this section, the penalty imposed by the commission
may not exceed:
(1) $10 for each day the hospital violates Section
241.451, beginning on the 16th day after the date the hospital
received notice from the commission, if the hospital's total gross
revenue is less than $10 million;
(2) $100 for each day the hospital violates Section
241.451, beginning on the 16th day after the date the hospital
received notice from the commission, if the hospital's total gross
revenue is $10 million or more and less than $100 million; and
(3) $1,000 for each day the hospital violates Section
241.451, beginning on the 16th day after the date the hospital
received notice from the commission, if the hospital's total gross
revenue is $100 million or more.
(e) Each day a violation continues is considered a separate
violation.
(f) Notwithstanding any other provision of this section, an
administrative penalty ceases to be incurred on the date a
violation is corrected.
(g) In determining the amount of an administrative penalty
to impose on a hospital under this section, the commission shall
consider:
(1) previous violations by the hospital;
(2) the seriousness of the violation;
(3) the demonstrated good faith of the hospital; and
(4) any other matters as justice may require.
(h) An administrative penalty collected under this section
shall be deposited to the credit of an account in the general
revenue fund administered by the commission. Money in the account
may be appropriated only to the commission.
Sec. 241.453. SUMMARY REPORT. The commission shall submit
a written quarterly report to the legislature summarizing the
content of the reports submitted to the commission under Section
241.451(b) during the preceding quarter.
Sec. 241.454. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2025.