Bill Text: TX SB1677 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct who are employed by a facility that provides care to individuals with an intellectual disability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Health & Human Services [SB1677 Detail]
Download: Texas-2019-SB1677-Introduced.html
86R13728 JG-D | ||
By: West | S.B. No. 1677 |
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relating to the establishment of an interim registry for certain | ||
persons who have been accused of employee misconduct who are | ||
employed by a facility that provides care to individuals with an | ||
intellectual disability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 253.003, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) If the employee notified of the violation makes a timely | ||
request for a hearing on the determination, the commission shall | ||
record the reportable conduct in the interim registry under Section | ||
253.0035 in a manner that is consistent with that section. | ||
SECTION 2. Chapter 253, Health and Safety Code, is amended | ||
by adding Section 253.0035 to read as follows: | ||
Sec. 253.0035. INTERIM REGISTRY. (a) The commission shall | ||
establish an interim registry of employees against whom a | ||
determination or finding of reportable conduct is made and who have | ||
made timely requests for hearings on the determinations or findings | ||
under Section 253.003 of this code or Section 48.404, Human | ||
Resources Code. The information included in the interim registry | ||
must include: | ||
(1) the employee's name; | ||
(2) the employee's address; | ||
(3) the employee's social security number; | ||
(4) the name of the facility or individual employer of | ||
the employee; | ||
(5) the address of the facility or individual employer | ||
of the employee; | ||
(6) the date on which the reportable conduct occurred; | ||
and | ||
(7) a description of the reportable conduct. | ||
(b) The executive commissioner by rule shall require a | ||
provider participating in the home and community-based services | ||
(HCS) waiver program or the Texas home living (TxHmL) waiver | ||
program to take necessary actions regarding an employee who is | ||
included in the interim registry. The actions taken by a provider | ||
under this subsection: | ||
(1) must be based on the seriousness of the reportable | ||
conduct for which the employee is included in the interim registry; | ||
and | ||
(2) may include: | ||
(A) additional monitoring; | ||
(B) reassignment; or | ||
(C) suspension. | ||
(c) The commission immediately shall remove an employee | ||
from the interim registry after a final decision on the reportable | ||
conduct is made and all rights to appeal the decision have been | ||
exhausted. | ||
(d) Information contained in the interim registry is | ||
confidential and not subject to disclosure under Chapter 552, | ||
Government Code. Confidential information contained in the interim | ||
registry may be disclosed to appropriate persons only in accordance | ||
with commission rules. | ||
SECTION 3. Section 48.404, Human Resources Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) If the employee notified of the violation makes a timely | ||
request for a hearing on the finding, the commission shall record | ||
the reportable conduct in the interim registry under Section | ||
253.0035, Health and Safety Code, in a manner that is consistent | ||
with that section. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules as necessary to implement the | ||
changes in law made by this Act. | ||
SECTION 5. This Act takes effect September 1, 2019. |