Bill Text: TX HB1008 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to suspending the employment of certain persons who provide care to individuals with an intellectual or developmental disability and who are alleged to have engaged in reportable conduct; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2023-05-01 - Referred to Health & Human Services [HB1008 Detail]
Download: Texas-2023-HB1008-Engrossed.html
By: Turner, Garcia | H.B. No. 1008 |
|
||
|
||
relating to suspending the employment of certain persons who | ||
provide care to individuals with an intellectual or developmental | ||
disability and who are alleged to have engaged in reportable | ||
conduct; providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.02485 to read as follows: | ||
Sec. 531.02485. SUSPENDING EMPLOYMENT OF CERTAIN | ||
RESIDENTIAL CAREGIVERS. (a) In this section: | ||
(1) "Consumer-directed service option" has the | ||
meaning assigned by Section 531.051. | ||
(2) "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; | ||
(B) sexual abuse of an individual using the | ||
consumer-directed service option or a resident; | ||
(C) financial exploitation of an individual | ||
using the consumer-directed service option or a resident 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. | ||
(3) "Resident" means an individual residing in a group | ||
home or other residential facility who is receiving services from a | ||
residential caregiver. | ||
(4) "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: | ||
(A) to not more than four individuals with an | ||
intellectual or developmental disability at any time; and | ||
(B) at a residence other than the home of the | ||
individual providing the services. | ||
(b) A Medicaid provider, including a provider providing | ||
services under a Section 1915(c) waiver program, who employs or | ||
contracts with a residential caregiver to provide community-based | ||
residential care services through a group home or other residential | ||
facility described by Subsection (a)(4), on receiving notice of the | ||
reportable conduct finding, shall immediately suspend the | ||
employment or contract of an individual the provider employs or | ||
contracts with as a residential caregiver who the commission finds | ||
has engaged in reportable conduct while the individual exhausts any | ||
applicable appeals process, including informal and formal appeals, | ||
pending a final decision by an administrative law judge. The | ||
provider may not reinstate the individual's employment or contract | ||
during the course of any appeals process. | ||
(c) Notwithstanding any other law, the commission shall | ||
take disciplinary action against a Medicaid provider that violates | ||
Subsection (b), 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. | ||
(d) The executive commissioner shall adopt rules necessary | ||
to implement this section. | ||
SECTION 2. The heading to Chapter 253, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY | ||
SECTION 3. Section 253.001(4), Health and Safety Code, is | ||
amended to read as follows: | ||
(4) "Facility" means: | ||
(A) a facility: | ||
(i) licensed by the department; [ |
||
(ii) licensed under Chapter 252; or | ||
(iii) licensed under Chapter 555; | ||
(B) an adult foster care provider that contracts | ||
with the department; | ||
(C) a home and community support services agency | ||
licensed by the department under Chapter 142; or | ||
(D) a prescribed pediatric extended care center | ||
licensed under Chapter 248A. | ||
SECTION 4. Chapter 253, Health and Safety Code, is amended | ||
by adding Section 253.0025 to read as follows: | ||
Sec. 253.0025. EMPLOYMENT SUSPENSION FOR FACILITY | ||
EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT. A facility | ||
shall suspend the employment of a facility employee who the Health | ||
and Human Services Commission finds has engaged in reportable | ||
conduct while the employee exhausts any applicable appeals process, | ||
including informal and formal appeals and any hearing or judicial | ||
review conducted in accordance with Section 253.004 or 253.005, | ||
pending a final decision by an administrative law judge. The | ||
facility may not reinstate the employee's position during the | ||
course of any applicable appeals process. | ||
SECTION 5. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 6. This Act takes effect September 1, 2023. |