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
 
 
  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.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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); [and]
               (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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