Bill Text: TX HB2683 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to employment in certain consumer-directed services and by certain facilities and to the nurse aide registry and the employee misconduct registry.

Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB2683 Detail]

Download: Texas-2013-HB2683-Enrolled.html
 
 
  H.B. No. 2683
 
 
 
 
AN ACT
  relating to employment in certain consumer-directed services and by
  certain facilities and to the nurse aide registry and the employee
  misconduct registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 250.001, Health and Safety Code, is
  amended by adding Subdivisions (1-a) and (1-b) and amending
  Subdivisions (2) and (3-b) to read as follows:
               (1-a)  "Consumer" means a resident of or an individual
  receiving services from a facility covered by this chapter.
               (1-b)  "Consumer-directed service option" has the
  meaning assigned by Section 531.051, Government Code.
               (2)  "Direct contact with a consumer" means any contact
  with a consumer [resident or client in a facility covered by this
  chapter].
               (3-b)  "Individual employer" means an individual or
  legally authorized representative who participates in the
  consumer-directed service option [described by Section 531.051,
  Government Code,] and is responsible for hiring service providers
  to deliver program services.
         SECTION 2.  Sections 250.003(a), (c), and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  A facility or individual employer may not employ an
  applicant:
               (1)  if the facility or individual employer determines,
  as a result of a criminal history check, that the applicant has been
  convicted of an offense listed in this chapter that bars employment
  or that a conviction is a contraindication to employment with the
  [consumers the] facility or to direct contact with the individual
  using the consumer-directed service option [employer serves];
               (2)  if the applicant is a nurse aide, until the
  facility or individual employer further verifies that the applicant
  is listed in the nurse aide registry; and
               (3)  until the facility or individual employer verifies
  that the applicant is not designated in the registry maintained
  under this chapter or in the employee misconduct registry
  maintained under Section 253.007 as having a finding entered into
  the registry concerning abuse, neglect, or mistreatment of an
  individual using the consumer-directed service option or a consumer
  [of a facility], or misappropriation of the property of an
  individual using the consumer-directed service option or of a
  consumer [a consumer's property].
         (c)  A facility or individual employer shall immediately
  discharge any employee:
               (1)  who is designated in the nurse aide registry or the
  employee misconduct registry established under Chapter 253 as
  having committed an act of abuse, neglect, or mistreatment of an
  individual using the consumer-directed service option or a consumer
  [of a facility], or misappropriation of the property of an
  individual using the consumer-directed service option or of a
  consumer; [a consumer's property,] or
               (2)  whose criminal history check reveals conviction of
  a crime that bars employment or that the individual employer or the
  facility determines is a contraindication to employment as provided
  by this chapter.
         (d)  In addition to the initial verification of
  employability, a facility or an individual employer or financial
  management services agency on behalf of an individual employer
  shall:
               (1)  annually search the nurse aide registry maintained
  under this chapter and the employee misconduct registry maintained
  under Section 253.007 to determine whether any employee of the
  facility or of an individual employer is designated in either
  registry as having abused, neglected, or exploited a [resident or]
  consumer [of a facility] or an individual using the
  consumer-directed service option [receiving services from a
  facility]; and
               (2)  maintain in the facility's or individual
  employer's books and records [each employee's personnel file] a
  copy of the results of the search conducted under Subdivision (1).
         SECTION 3.  Section 250.006(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A person for whom the facility or the individual
  employer is entitled to obtain criminal history record information
  may not be employed in a facility or by an individual employer if
  the person has been convicted of an offense listed in this
  subsection:
               (1)  an offense under Chapter 19, Penal Code (criminal
  homicide);
               (2)  an offense under Chapter 20, Penal Code
  (kidnapping and unlawful restraint);
               (3)  an offense under Section 21.02, Penal Code
  (continuous sexual abuse of young child or children), or Section
  21.11, Penal Code (indecency with a child);
               (4)  an offense under Section 22.011, Penal Code
  (sexual assault);
               (5)  an offense under Section 22.02, Penal Code
  (aggravated assault);
               (6)  an offense under Section 22.04, Penal Code (injury
  to a child, elderly individual, or disabled individual);
               (7)  an offense under Section 22.041, Penal Code
  (abandoning or endangering child);
               (8)  an offense under Section 22.08, Penal Code (aiding
  suicide);
               (9)  an offense under Section 25.031, Penal Code
  (agreement to abduct from custody);
               (10)  an offense under Section 25.08, Penal Code (sale
  or purchase of a child);
               (11)  an offense under Section 28.02, Penal Code
  (arson);
               (12)  an offense under Section 29.02, Penal Code
  (robbery);
               (13)  an offense under Section 29.03, Penal Code
  (aggravated robbery);
               (14)  an offense under Section 21.08, Penal Code
  (indecent exposure);
               (15)  an offense under Section 21.12, Penal Code
  (improper relationship between educator and student);
               (16)  an offense under Section 21.15, Penal Code
  (improper photography or visual recording);
               (17)  an offense under Section 22.05, Penal Code
  (deadly conduct);
               (18)  an offense under Section 22.021, Penal Code
  (aggravated sexual assault);
               (19)  an offense under Section 22.07, Penal Code
  (terroristic threat);
               (20)  an offense under Section 32.53, Penal Code
  (exploitation of a child, elderly individual, or disabled
  individual);
               (21)  an offense under Section 33.021, Penal Code
  (online solicitation of a minor);
               (22) [(21)]  an offense under Section 34.02, Penal Code
  (money laundering);
               (23) [(22)]  an offense under Section 35A.02, Penal
  Code (Medicaid fraud);
               (24) [(23)]  an offense under Section 36.06, Penal Code
  (obstruction or retaliation);
               (25) [(24)]  an offense under Section 42.09, Penal Code
  (cruelty to livestock animals), or under Section 42.092, Penal Code
  (cruelty to nonlivestock animals); or
               (26) [(25)]  a conviction under the laws of another
  state, federal law, or the Uniform Code of Military Justice for an
  offense containing elements that are substantially similar to the
  elements of an offense listed by this subsection.
         SECTION 4.  Section 253.001, Health and Safety Code, is
  amended by adding Subdivisions (1-a), (1-b), (4-a), and (4-b) and
  amending Subdivisions (3) and (5) to read as follows:
               (1-a)  "Consumer" means a resident of or an individual
  receiving services from a facility covered by this chapter.
               (1-b)  "Consumer-directed service option" has the
  meaning assigned by Section 531.051, Government Code.
               (3)  "Employee" means a person who:
                     (A)  works at a facility or for an individual
  employer;
                     (B)  is an individual who provides personal care
  services, active treatment, or any other personal services to a
  [resident or] consumer or to an individual using the
  consumer-directed service option [of the facility]; and
                     (C)  is not licensed by an agency of the state to
  perform the services the employee performs for the individual using
  the consumer-directed service option or at the facility or is a
  nurse aide employed by a facility.
               (4-a)  "Financial management services agency" means an
  entity that contracts with the department to serve as a fiscal and
  employer agent for an individual employer using the
  consumer-directed service option.
               (4-b)  "Individual employer" means an individual or
  legally authorized representative who participates in the
  consumer-directed service option and is responsible for hiring
  providers to deliver program services.
               (5)  "Reportable conduct" includes:
                     (A)  abuse or neglect that causes or may cause
  death or harm to an individual using the consumer-directed service
  option or a [resident or] consumer [of a facility];
                     (B)  sexual abuse of an individual using the
  consumer-directed service option or a [resident or] consumer [of a
  facility];
                     (C)  financial exploitation of an individual
  using the consumer-directed service option or a [resident or]
  consumer [of a facility] in an amount of $25 or more; and
                     (D)  emotional, verbal, or psychological abuse
  that causes harm to an individual using the consumer-directed
  service option or a [resident or] consumer [of a facility].
         SECTION 5.  Section 253.002(b), Health and Safety Code, is
  amended to read as follows:
         (b)  If the Department of Aging and Disability Services
  receives a report that an employee of a facility licensed under
  Chapter 252 or of an individual employer committed reportable
  conduct, the department shall forward that report to the Department
  of Family and Protective Services for investigation.
         SECTION 6.  Section 253.004, Health and Safety Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  The department must complete the hearing and the
  hearing record not later than the 120th day after the date the
  department receives a request for a hearing.
         SECTION 7.  Section 253.007(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall establish an employee misconduct
  registry.  If the department in accordance with this chapter finds
  that an employee of a facility or of an individual employer has
  committed reportable conduct, the department shall make a record of
  the employee's name, the employee's address, the employee's social
  security number, the name of the facility or individual employer,
  the address of the facility or individual employer, the date the
  reportable conduct occurred, and a description of the reportable
  conduct.
         SECTION 8.  Section 253.008, Health and Safety Code, is
  amended to read as follows:
         Sec. 253.008.  VERIFICATION OF EMPLOYABILITY; ANNUAL
  SEARCH. (a) Before a facility or individual employer as defined in
  this chapter or an agency as defined in Section 48.401, Human
  Resources Code, may hire an employee, the individual employer or a
  financial management services agency on behalf of the individual
  employer, the facility, or agency shall search the employee
  misconduct registry under this chapter and the nurse aide registry
  maintained under Chapter 250 as required by the Omnibus Budget
  Reconciliation Act of 1987 (Pub. L. No. 100-203) to determine
  whether the applicant for employment is designated in either
  registry as having abused, neglected, or exploited an individual
  using the consumer-directed service option or a [resident or]
  consumer [of a facility or agency or an individual receiving
  services from a facility or agency].
         (b)  A facility, individual employer or financial management
  services agency on behalf of an individual employer, or agency may
  not employ a person who is listed in either registry as having
  abused, neglected, or exploited an individual using the
  consumer-directed service option or a [resident or] consumer [of a
  facility or agency or an individual receiving services from a
  facility or agency].
         (c)  In addition to the initial verification of
  employability, a facility, [or] agency, individual employer, or
  financial management services agency on behalf of an individual
  employer shall:
               (1)  annually search the employee misconduct registry
  and the nurse aide registry maintained under Chapter 250 to
  determine whether any employee of the individual employer, 
  facility, or applicable agency is designated in either registry as
  having abused, neglected, or exploited an individual using the
  consumer-directed service option or a [resident or] consumer [of a
  facility or agency or an individual receiving services from a
  facility or agency]; and
               (2)  maintain in the facility's or individual
  employer's books and records [each employee's personnel file] a
  copy of the results of the search conducted under Subdivision (1).
         SECTION 9.  Section 253.009(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Each facility or individual employer as defined in this
  chapter and each agency as defined in Section 48.401, Human
  Resources Code, shall notify its employees in a manner prescribed
  by the Department of Aging and Disability Services:
               (1)  about the employee misconduct registry; and
               (2)  that an employee may not be employed if the
  employee is listed in the registry.
         SECTION 10.  Section 48.401(3), Human Resources Code, is
  amended to read as follows:
               (3)  "Employee" means a person who:
                     (A)  works for:
                           (i)  an agency; or
                           (ii)  an individual employer participating
  in the consumer-directed service option, as defined by Section
  531.051, Government Code;
                     (B)  provides personal care services, active
  treatment, or any other personal services to an individual
  receiving agency services, [or to] an individual who is a child for
  whom an investigation is authorized under Section 261.404, Family
  Code, or an individual receiving services through the
  consumer-directed service option, as defined by Section 531.051,
  Government Code; and
                     (C)  is not licensed by the state to perform the
  services the person performs for the agency or the individual
  employer participating in the consumer-directed service option, as
  defined by Section 531.051, Government Code.
         SECTION 11.  Section 250.003(c-1), Health and Safety Code,
  is repealed.
         SECTION 12.  This Act takes effect January 1, 2014.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2683 was passed by the House on April
  18, 2013, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2683 on May 16, 2013, by the following vote:  Yeas 142, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2683 was passed by the Senate, with
  amendments, on May 15, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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