Bill Text: TX HB1337 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requiring institutions and assisted living facilities to maintain guardianship orders of residents.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB1337 Detail]
Download: Texas-2015-HB1337-Comm_Sub.html
Bill Title: Relating to requiring institutions and assisted living facilities to maintain guardianship orders of residents.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB1337 Detail]
Download: Texas-2015-HB1337-Comm_Sub.html
By: Naishtat (Senate Sponsor - Zaffirini) | H.B. No. 1337 | |
(In the Senate - Received from the House May 6, 2015; | ||
May 7, 2015, read first time and referred to Committee on Health | ||
and Human Services; May 22, 2015, reported favorably by the | ||
following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.) | ||
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relating to requiring institutions and assisted living facilities | ||
to maintain guardianship orders of residents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 242, Health and Safety | ||
Code, is amended by adding Section 242.019 to read as follows: | ||
Sec. 242.019. GUARDIANSHIP ORDERS. An institution shall | ||
make a reasonable effort to request a copy of any court order | ||
appointing a guardian of a resident or a resident's estate from the | ||
resident's nearest relative or the person responsible for the | ||
resident's support. An institution that receives a copy of a court | ||
order appointing a guardian of a resident or a resident's estate | ||
shall maintain a copy of the court order in the resident's medical | ||
records. | ||
SECTION 2. Subchapter D, Chapter 247, Health and Safety | ||
Code, is amended by adding Section 247.070 to read as follows: | ||
Sec. 247.070. GUARDIANSHIP ORDERS. An assisted living | ||
facility shall make a reasonable effort to request a copy of any | ||
court order appointing a guardian of a resident or a resident's | ||
estate from the resident's nearest relative or the person | ||
responsible for the resident's support. An assisted living facility | ||
that receives a copy of a court order appointing a guardian of a | ||
resident or a resident's estate shall maintain a copy of the court | ||
order in the resident's medical records. | ||
SECTION 3. Section 260A.007(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) In investigating the report of abuse, neglect, | ||
exploitation, or other complaint, the investigator for the | ||
department shall: | ||
(1) make an unannounced visit to the facility to | ||
determine the nature and cause of the alleged abuse, neglect, or | ||
exploitation of the resident; | ||
(2) interview each available witness, including the | ||
resident who suffered the alleged abuse, neglect, or exploitation | ||
if the resident is able to communicate or another resident or other | ||
witness identified by any source as having personal knowledge | ||
relevant to the report of abuse, neglect, exploitation, or other | ||
complaint; | ||
(3) personally inspect any physical circumstance that | ||
is relevant and material to the report of abuse, neglect, | ||
exploitation, or other complaint and that may be objectively | ||
observed; | ||
(4) make a photographic record of any injury to a | ||
resident, subject to Subsection (n); [ |
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(5) write an investigation report that includes: | ||
(A) the investigator's personal observations; | ||
(B) a review of relevant documents and records; | ||
(C) a summary of each witness statement, | ||
including the statement of the resident that suffered the alleged | ||
abuse, neglect, or exploitation and any other resident interviewed | ||
in the investigation; and | ||
(D) a statement of the factual basis for the | ||
findings for each incident or problem alleged in the report or other | ||
allegation; and | ||
(6) for a resident of an institution or assisted | ||
living facility, inspect any court order appointing a guardian of | ||
the resident who was the subject of the alleged abuse, neglect, or | ||
exploitation that is maintained in the resident's medical records | ||
under Section 242.019 or 247.070. | ||
SECTION 4. (a) An institution is not required to comply | ||
with Section 242.019, Health and Safety Code, as added by this Act, | ||
before January 1, 2016. | ||
(b) An assisted living facility is not required to comply | ||
with Section 247.070, Health and Safety Code, as added by this Act, | ||
before January 1, 2016. | ||
SECTION 5. This Act takes effect September 1, 2015. | ||
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