Texas 2025 89th Regular

Texas Senate Bill SB1777 Analysis / Analysis

Filed 04/04/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 1777     89R10486 EAS-D   By: Miles         Health & Human Services         4/4/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   When patients are leaving the hospital, they may face a difficult decision of where to live that can provide that they need. Group homes can provide that environment.   Patients rely on the medical staff at hospitals to be a trusted source. A medical professional should maintain their dedication to the patient. As group homes across Texas remain largely unregulated, it is easy to trust a medical professional and end up in a bad group home that can be damaging to a person's health. If a medical professional receives financial compensation from a group home for a referral, it can break the trust between the patient and the medical professional and create a bad incentive structure.   S.B. 1777 prohibits a medical professional or contracted professional of a hospital from receiving payment for a referral to a group home. It creates a class B misdemeanor for violating this section.   As proposed, S.B. 1777 amends current law relating to a prohibition on payments for certain group home referrals and creates a criminal offense.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Redesignates Chapter 769, Health and Safety Code, as added by Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular Session, 2023, as Chapter 767, Health and Safety Code, and amends it, as follows:   CHAPTER 767. REGULATION OF CERTAIN GROUP HOMES   Sec. 767.001. DEFINITION. Redesignates existing Section 769.001 as Section 767.001 and makes no further changes.    Sec. 767.002. EXEMPTIONS. Redesignates existing Section 769.002 as Section 767.002 and makes no further changes.    Sec. 767.003. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY. Redesignates existing Section 769.003 as Section 767.003 and makes no further changes.   Sec. 767.004. PROHIBITED PAYMENT FOR CERTAIN GROUP HOME REFERRALS; CRIMINAL PENALTY. (a) Defines "health care provider."   (b) Prohibits a health care provider or employee or contractor of a health care provider from accepting any form of payment for referring a potential resident to a group home, including a group home operating under the home and community-based services (HCS) waiver program, if the group home is owned or operated by a person who does not hold a license or permit for the group home issued in accordance with applicable state laws or local regulations.   (c) Provides that a health care provider or employee or contractor of a health care provider who violates this section commits an offense. Provides that an offense under this section is a Class B misdemeanor.   SECTION 2. Provides that, 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. Effective date: September 1, 2025. 

BILL ANALYSIS

 

 

Senate Research Center S.B. 1777
89R10486 EAS-D By: Miles
 Health & Human Services
 4/4/2025
 As Filed

Senate Research Center

S.B. 1777

89R10486 EAS-D

By: Miles

 

Health & Human Services

 

4/4/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

When patients are leaving the hospital, they may face a difficult decision of where to live that can provide that they need. Group homes can provide that environment.

 

Patients rely on the medical staff at hospitals to be a trusted source. A medical professional should maintain their dedication to the patient. As group homes across Texas remain largely unregulated, it is easy to trust a medical professional and end up in a bad group home that can be damaging to a person's health. If a medical professional receives financial compensation from a group home for a referral, it can break the trust between the patient and the medical professional and create a bad incentive structure.

 

S.B. 1777 prohibits a medical professional or contracted professional of a hospital from receiving payment for a referral to a group home. It creates a class B misdemeanor for violating this section.

 

As proposed, S.B. 1777 amends current law relating to a prohibition on payments for certain group home referrals and creates a criminal offense.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Redesignates Chapter 769, Health and Safety Code, as added by Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular Session, 2023, as Chapter 767, Health and Safety Code, and amends it, as follows:

 

CHAPTER 767. REGULATION OF CERTAIN GROUP HOMES

 

Sec. 767.001. DEFINITION. Redesignates existing Section 769.001 as Section 767.001 and makes no further changes. 

 

Sec. 767.002. EXEMPTIONS. Redesignates existing Section 769.002 as Section 767.002 and makes no further changes. 

 

Sec. 767.003. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY. Redesignates existing Section 769.003 as Section 767.003 and makes no further changes.

 

Sec. 767.004. PROHIBITED PAYMENT FOR CERTAIN GROUP HOME REFERRALS; CRIMINAL PENALTY. (a) Defines "health care provider."

 

(b) Prohibits a health care provider or employee or contractor of a health care provider from accepting any form of payment for referring a potential resident to a group home, including a group home operating under the home and community-based services (HCS) waiver program, if the group home is owned or operated by a person who does not hold a license or permit for the group home issued in accordance with applicable state laws or local regulations.

 

(c) Provides that a health care provider or employee or contractor of a health care provider who violates this section commits an offense. Provides that an offense under this section is a Class B misdemeanor.

 

SECTION 2. Provides that, 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. Effective date: September 1, 2025.