Bill Text: TX HB5396 | 2025-2026 | 89th Legislature | Comm Sub

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Bill Title: Relating to the oversight of rehabilitation hospitals by the office of the state long-term care ombudsman.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced - Dead) 2025-05-13 - Placed on General State Calendar [HB5396 Detail]

Download: Texas-2025-HB5396-Comm_Sub.html

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89R27986 MPF-D
By: Rose, Thompson, Y. Davis of Dallas, H.B. No. 5396
Bowers, A. Davis of Dallas
Substitute the following for H.B. No. 5396:
By: Hull C.S.H.B. No. 5396

A BILL TO BE ENTITLED
AN ACT
relating to the oversight of rehabilitation hospitals by the office
of the state long-term care ombudsman.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Congresswoman
Eddie Bernice Johnson Rehabilitation Hospital Care Ombudsman Act of
2025.
SECTION 2. Section 101A.251, Human Resources Code, is
amended by amending Subdivision (1-a) and adding Subdivisions (1-b)
and (3-b) to read as follows:
(1-a) "Imminent peril" means the condition of being in
immediate danger of bodily injury, physical or mental impairment,
or death.
(1-b) "Local ombudsman entity" means a distinct unit
or entity, consisting of representatives, designated by the state
long-term care ombudsman to carry out the ombudsman program in a
service area of the state.
(3-b) "Rehabilitation hospital" means a hospital as
defined by Section 241.003, Health and Safety Code, that
specializes in providing comprehensive medical rehabilitation
services, including surgery and related ancillary services.
SECTION 3. Section 101A.254, Human Resources Code, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) The office may receive, investigate, and resolve
complaints regarding the health or safety of rehabilitation
hospital patients who may be in imminent peril as a result of care
provided or withheld by rehabilitation hospital staff.
(b) The office may use appropriate administrative, legal,
and other remedies to assist residents and rehabilitation hospital
patients as provided by commission rules.
SECTION 4. Sections 101A.257(a) and (d), Human Resources
Code, are amended to read as follows:
(a) The office shall have access to residents and
rehabilitation hospital patients and shall, in accordance with
commission rules, investigate and resolve complaints made by or on
behalf of residents and rehabilitation hospital patients.
(d) A long-term care facility or rehabilitation hospital
shall cooperate with an investigation conducted by the state
long-term care ombudsman or a representative, including an
ombudsman designated under Section 101A.255.
SECTION 5. Sections 101A.258(a), (a-1), and (b), Human
Resources Code, are amended to read as follows:
(a) The state long-term care ombudsman and representatives
shall have access to patient care records of residents and
rehabilitation hospital patients as provided by commission
rules. Except as provided by Subsection (b), all records and
information created or obtained by the state long-term care
ombudsman or a representative remain confidential.
(a-1) The state long-term care ombudsman and
representatives shall have access to patient care records of a
resident or rehabilitation hospital patient if:
(1) the resident, [or] the resident's legal
representative, the patient, or the patient's legal representative
consents to the access;
(2) the resident or patient is unable to consent to the
access and the resident or patient has no legal representative; or
(3) access to the records is necessary to investigate
a complaint and:
(A) a legal representative of the resident or
patient refuses to consent to the access;
(B) the state long-term care ombudsman or
representative has reasonable cause to believe that the legal
representative of the resident or patient is not acting in the best
interests of the resident or patient; and
(C) the state long-term care ombudsman approves
the access.
(b) The office shall ensure that the identity of a
complainant or any resident or rehabilitation hospital patient may
be disclosed only with the consent of the person or the person's
legal representative or on court order.
SECTION 6. Section 101A.259, Human Resources Code, is
amended to read as follows:
Sec. 101A.259. SYSTEM FOR AND METHOD OF REPORTING [SYSTEM].
(a) The office shall maintain a statewide ombudsman uniform
reporting system to collect and analyze information relating to
complaints and conditions in long-term care facilities as long as
such system does not duplicate other state reporting systems. The
office shall provide the information to the commission in
accordance with federal law.
(b) A person may file by telephone or electronic mail a
complaint with the office regarding the health or safety of a
rehabilitation hospital patient who may be in imminent peril as a
result of care provided or withheld by a rehabilitation hospital's
staff.
SECTION 7. Subchapter F, Chapter 101A, Human Resources
Code, is amended by adding Section 101A.2615 to read as follows:
Sec. 101A.2615. REQUIRED NOTICE AT REHABILITATION
HOSPITALS. (a) A rehabilitation hospital shall post in a prominent
and conspicuous location at the hospital and in each patient room at
the hospital a sign containing information on the procedure for
contacting and filing a complaint with the office. The sign must:
(1) be printed in at least 14-point, sans serif
typeface on paper at least 8-1/2 by 11 inches in size;
(2) contain the contact information for filing a
complaint against a rehabilitation hospital, including the
telephone number and electronic mail address for the appropriate
person to receive the complaint; and
(3) contain the following statement:
"If you believe you are in immediate danger of bodily injury,
physical or mental impairment, or death as a result of care you are
receiving or not receiving at this facility, contact the Office of
the Long-Term Care Ombudsman."
(b) The executive commissioner by rule shall prescribe the
form and content of the sign required by Subsection (a) and post on
the commission's Internet website a model sign that complies with
this section and commission rules.
SECTION 8. Section 101A.261, Human Resources Code, is
amended to read as follows:
Sec. 101A.261. PUBLIC INFORMATION. The office shall
provide information and make recommendations to public agencies,
legislators, and other persons about the problems and concerns of
residents and rehabilitation hospital patients.
SECTION 9. Section 101A.262(a), Human Resources Code, is
amended to read as follows:
(a) The office shall prepare a report that contains:
(1) information and findings relating to the problems
and concerns of residents and rehabilitation hospital patients; and
(2) policy, regulatory, and legislative
recommendations to solve the problems, resolve the concerns, and
improve the quality of the residents' and patients' care and lives.
SECTION 10. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall publish on the commission's Internet
website the model sign required by Section 101A.2615, Human
Resources Code, as added by this Act.
SECTION 11. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Subchapter F, Chapter 101A, Human Resources Code, as amended by
this Act.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.