Bill Text: TX SB2103 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to transferring certain investigations of abuse, neglect, and exploitation to the Health and Human Services Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Health & Human Services [SB2103 Detail]
Download: Texas-2023-SB2103-Introduced.html
88R6195 KKR-F | ||
By: Miles | S.B. No. 2103 |
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relating to transferring certain investigations of abuse, neglect, | ||
and exploitation to the Health and Human Services Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 142.018(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A home and community support services agency that has | ||
cause to believe that a person receiving services from the agency | ||
has been abused, exploited, or neglected by an employee of the | ||
agency shall report the information to[ |
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[ |
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[ |
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SECTION 2. Section 253.001(4), Health and Safety Code, is | ||
amended to read as follows: | ||
(4) "Facility" means: | ||
(A) a facility: | ||
(i) licensed by the Health and Human | ||
Services Commission [ |
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(ii) licensed under Chapter 252; | ||
(B) an adult foster care provider that contracts | ||
with the Health and Human Services Commission [ |
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(C) a home and community support services agency | ||
licensed by the Health and Human Services Commission [ |
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under Chapter 142; [ |
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(D) a prescribed pediatric extended care center | ||
licensed under Chapter 248A; or | ||
(E) a residential child-care operation regulated | ||
under 26 T.A.C. Chapter 748 or 749. | ||
SECTION 3. Section 260A.002(a-1), Health and Safety Code, | ||
is amended to read as follows: | ||
(a-1) Notwithstanding any other provision of this chapter, | ||
a report made under this section that a provider is or may be | ||
alleged to have committed abuse, neglect, or exploitation of a | ||
resident of a facility other than a prescribed pediatric extended | ||
care center shall be investigated by the Health and Human Services | ||
Commission [ |
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accordance with Subchapter F, Chapter 48, Human Resources Code, and | ||
this chapter does not apply to that investigation. In this | ||
subsection, "facility" and "provider" have the meanings assigned by | ||
Section 48.251, Human Resources Code. | ||
SECTION 4. Section 48.251(a)(3), Human Resources Code, is | ||
amended to read as follows: | ||
(3) "Facility" means: | ||
(A) a facility listed in Section 532.001(b) or | ||
532A.001(b), Health and Safety Code, [ |
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or a person contracting with a health and human services agency to | ||
provide inpatient mental health services; [ |
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(B) a facility licensed under Chapter 252, Health | ||
and Safety Code; and | ||
(C) a residential child-care operation regulated | ||
under 26 T.A.C. Chapter 748 or 749. | ||
SECTION 5. Sections 48.252(a), (b), and (c), Human | ||
Resources Code, are amended to read as follows: | ||
(a) The commission [ |
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as provided by Subsection (b), shall investigate under this | ||
subchapter reports of the abuse, neglect, or exploitation of an | ||
individual receiving services if the person alleged or suspected to | ||
have committed the abuse, neglect, or exploitation is a provider. | ||
(b) The department may not investigate under this | ||
subchapter reports of abuse, neglect, or exploitation alleged or | ||
suspected to have been committed by a provider that is operated, | ||
licensed, certified, or registered by a state agency that has | ||
authority under this chapter or other law to investigate reports of | ||
abuse, neglect, or exploitation of an individual by the provider. | ||
The department shall forward any report of abuse, neglect, or | ||
exploitation alleged or suspected to have been committed by a | ||
provider described by this subsection to the commission | ||
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(c) The commission [ |
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investigate under this subchapter reports of abuse, neglect, or | ||
exploitation of: | ||
(1) an individual who lives in a residence that is | ||
owned, operated, or controlled by a provider who provides home and | ||
community-based services under the home and community-based | ||
services waiver program described by Section 534.001(11)(B), | ||
Government Code, regardless of whether the individual is receiving | ||
services under that waiver program from the provider; and | ||
(2) an elderly person or a person with a disability who | ||
lives in a residential child-care operation regulated under 26 | ||
T.A.C. Chapter 748 or 749. | ||
SECTION 6. Sections 48.253(a), (b), and (c), Human | ||
Resources Code, are amended to read as follows: | ||
(a) On receipt by the commission [ |
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alleged abuse, neglect, or exploitation under this subchapter, the | ||
commission [ |
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investigation as needed to evaluate the accuracy of the report and | ||
to assess the need for emergency protective services, unless the | ||
commission [ |
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this subchapter, determines that the report: | ||
(1) is frivolous or patently without a factual basis; | ||
or | ||
(2) does not concern abuse, neglect, or exploitation. | ||
(b) After receiving a report that alleges that a provider is | ||
or may be the person who committed the alleged abuse, neglect, or | ||
exploitation, the commission [ |
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provider [ |
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accordance with rules adopted by the executive commissioner. | ||
(c) The provider identified under Subsection (b) shall: | ||
(1) cooperate completely with an investigation | ||
conducted under this subchapter; and | ||
(2) provide the commission [ |
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access during an investigation to: | ||
(A) all sites owned, operated, or controlled by | ||
the provider; and | ||
(B) clients and client records. | ||
SECTION 7. Sections 48.254(a) and (b), Human Resources | ||
Code, are amended to read as follows: | ||
(a) The executive commissioner by rule shall establish | ||
procedures for the commission [ |
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of the initial intake report and a copy of the completed provider | ||
investigation report relating to alleged or suspected abuse, | ||
neglect, or exploitation to the appropriate provider [ |
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(b) The commission [ |
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initial intake report and from the copy of the completed provider | ||
investigation report any identifying information contained in the | ||
report relating to the person who reported the alleged or suspected | ||
abuse, neglect, or exploitation under this subchapter [ |
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SECTION 8. Sections 48.255(a) and (b), Human Resources | ||
Code, are amended to read as follows: | ||
(a) The executive commissioner shall adopt rules to: | ||
(1) prioritize investigations conducted under this | ||
subchapter with the primary criterion being whether there is a risk | ||
that a delay in the investigation will impede the collection of | ||
evidence in that investigation; and | ||
(2) [ |
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[ |
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[ |
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exploitation. | ||
(b) A confirmed investigation finding by the commission | ||
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a community center, a local mental health authority, or a local | ||
intellectual and developmental disability authority. | ||
SECTION 9. Sections 48.256(a), (b), and (c), Human | ||
Resources Code, are amended to read as follows: | ||
(a) The executive commissioner shall adopt rules that | ||
prescribe the appropriate manner in which [ |
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commission [ |
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the: | ||
(1) identification of individuals receiving services | ||
from providers; and | ||
(2) [ |
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commission [ |
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(b) The executive commissioner shall adopt rules requiring | ||
a provider to provide information [ |
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(1) identification by the commission [ |
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individuals receiving services from providers; and | ||
(2) [ |
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commission [ |
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(c) A provider of home and community-based services under | ||
the home and community-based services waiver program described by | ||
Section 534.001(11)(B), Government Code, shall post in a | ||
conspicuous location inside any residence owned, operated, or | ||
controlled by the provider in which home and community-based waiver | ||
services are provided, a sign that states: | ||
(1) the name, address, and telephone number of the | ||
provider; | ||
(2) the effective date of the provider's contract with | ||
the commission [ |
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provide home and community-based services; and | ||
(3) the name of the legal entity that contracted with | ||
the commission [ |
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provide those services. | ||
SECTION 10. Sections 48.258(a) and (b), Human Resources | ||
Code, are amended to read as follows: | ||
(a) The commission [ |
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shall[ |
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develop and implement a system to track reports and investigations | ||
under this subchapter. | ||
(b) To facilitate implementation of the system, the | ||
commission [ |
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appropriate methods of measuring the number and outcome of reports | ||
and investigations under this subchapter. | ||
SECTION 11. (a) As soon as practicable after the effective | ||
date of this Act, but not later than December 1, 2023, the | ||
commissioner of the Department of Family and Protective Services | ||
shall transfer any department funds and resources, including | ||
information technology, documents, and personnel allocated for the | ||
investigation of reports under Subchapter F, Chapter 48, Human | ||
Resources Code, to the Health and Human Services Commission to | ||
allow the commission to perform the functions described under | ||
Subchapter F, Chapter 48, Human Resources Code, as amended by this | ||
Act. | ||
(b) Notwithstanding the effective date of this Act, the | ||
Health and Human Services Commission is not required to comply with | ||
changes in law made by this Act until the transfer required by | ||
Subsection (a) of this section is completed. | ||
SECTION 12. This Act takes effect September 1, 2023. |