Bill Text: TX HB3564 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the office of the state long-term care ombudsman; affecting the prosecution of a criminal offense.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3564 Detail]
Download: Texas-2017-HB3564-Enrolled.html
H.B. No. 3564 |
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relating to the office of the state long-term care ombudsman; | ||
affecting the prosecution of a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 101A, Human Resources | ||
Code, is amended to read as follows: | ||
SUBCHAPTER F. OFFICE OF STATE LONG-TERM CARE OMBUDSMAN | ||
Sec. 101A.251. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission [ |
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(1-a) "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. | ||
(2) "Long-term care facility" means a facility that | ||
[ |
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licensed or regulated or that is required to be licensed or | ||
regulated by the commission [ |
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Health and Safety Code. | ||
(3) "Office" means the office of the state long-term | ||
care ombudsman, consisting of the state long-term care ombudsman | ||
and representatives who are employed by the commission. | ||
(3-a) "Ombudsman program" means the program through | ||
which the functions and duties of the office are carried out, | ||
consisting of the office and all representatives. | ||
(4) "Representative" means an employee or volunteer | ||
specifically designated by the office as a representative of the | ||
office. | ||
(4-a) "Resident" means a resident of a long-term care | ||
facility. | ||
(5) "State long-term care ombudsman" means the chief | ||
administrator of the office. | ||
Sec. 101A.252. OPERATION OF OFFICE. (a) The office | ||
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oversight in accordance with federal and state statute [ |
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(b) The commission [ |
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directly or by contract or memorandum of agreement with a public | ||
agency or other appropriate private nonprofit organization. The | ||
commission, agency, or organization may not implement a policy that | ||
prohibits the office from performing its duties under this | ||
subchapter. The commission [ |
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organization that [ |
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(1) is responsible for licensing or certifying | ||
long-term care services; [ |
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(2) is an association of long-term care facilities or | ||
of any other residential facility that serves persons with | ||
disabilities or who are 60 years of age or older, or that is an | ||
affiliate of such an association; or | ||
(3) has an ownership, operational, or investment | ||
interest in a long-term care facility. | ||
(c) The commission [ |
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residents [ |
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groups, and area agencies on aging in planning and operating the | ||
office. | ||
(d) The commission [ |
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involved in designating the state long-term care ombudsman or in | ||
designating a [ |
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not have a conflict of interest. | ||
Sec. 101A.253. ROLE OF OFFICE. The office and the ombudsman | ||
program shall operate in cooperation with any regulatory agency | ||
funded and mandated by federal [ |
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Sec. 101A.254. POWERS AND DUTIES OF STATE LONG-TERM CARE | ||
OMBUDSMAN AND OFFICE. (a) The [ |
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[ |
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federal law. | ||
(b) The office may use appropriate administrative, legal, | ||
and other remedies to assist [ |
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commission [ |
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(c) The office acts independently of the commission in the | ||
performance of its powers and duties under this subchapter. | ||
(d) The state long-term care ombudsman has the authority to | ||
designate a local ombudsman entity or representative and to suspend | ||
or revoke that designation. | ||
Sec. 101A.255. OMBUDSMEN. (a) The office shall recruit | ||
volunteers and citizen organizations to participate in the | ||
ombudsman program. A paid staff member of an area agency on aging | ||
network or a nonprofit social service agency may be an ombudsman. | ||
An ombudsman is a representative [ |
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(b) The office shall provide training to ombudsmen as | ||
required by this subchapter and federal law. | ||
(c) The office shall coordinate ombudsman services with the | ||
protection and advocacy systems that exist for persons with | ||
developmental disabilities or mental illness. | ||
(d) The office shall coordinate ombudsman services with | ||
state and local law enforcement agencies and courts of competent | ||
jurisdiction. The office is not authorized to compel those law | ||
enforcement agencies or courts to coordinate ombudsman services or | ||
other activities with the office. | ||
Sec. 101A.256. LEGAL COUNSEL [ |
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advice and representation without conflict of interest as defined | ||
by the Texas Disciplinary Rules of Professional Conduct. The | ||
attorney general shall represent the state long-term care ombudsman | ||
and [ |
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or threatened to be brought against that person in connection with | ||
the person's performance of the official duties of the ombudsman | ||
program [ |
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Sec. 101A.257. INVESTIGATIONS. (a) The office shall have | ||
access to [ |
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commission rules, investigate and resolve complaints made by or on | ||
behalf of [ |
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(b) The state long-term care ombudsman [ |
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ensure that each ombudsman designated under Section 101A.255 who | ||
investigates complaints has received proper training and has been | ||
approved by the office as qualified to investigate complaints. | ||
(c) The office shall investigate a grievance made against a | ||
representative in accordance with commission rules and inform the | ||
person who made the grievance of the outcome of the investigation | ||
when the investigation is concluded. | ||
(d) A long-term care facility shall cooperate with an | ||
investigation conducted by the state long-term care ombudsman or a | ||
representative, including an ombudsman designated under Section | ||
101A.255. | ||
Sec. 101A.258. ACCESS TO RECORDS AND CONFIDENTIALITY. (a) | ||
The state long-term care ombudsman and representatives [ |
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provided by Subsection (b), all [ |
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state long-term care ombudsman or a representative [ |
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(a-1) The state long-term care ombudsman and | ||
representatives [ |
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records of a resident [ |
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(1) the resident or the resident's legal | ||
representative consents to the access; | ||
(2) the resident is unable to consent to the access and | ||
the resident has no legal representative; or | ||
(3) access to the records is necessary to investigate | ||
a complaint and: | ||
(A) a legal representative [ |
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resident refuses to consent to the access; | ||
(B) the state long-term care ombudsman or | ||
representative [ |
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cause to believe that the legal representative of the resident | ||
[ |
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(C) the state long-term care ombudsman approves | ||
the access. | ||
(b) The office shall ensure that the identity of a | ||
complainant or any [ |
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the [ |
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representative or on court order. | ||
(c) Files, records, and other information maintained as | ||
part of the ombudsman program may be disclosed only at the | ||
discretion of the state long-term care ombudsman. [ |
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Sec. 101A.259. REPORTING SYSTEM. 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 | ||
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Sec. 101A.260. ANALYSIS OF LAWS. (a) The office shall | ||
analyze and monitor the development and implementation of federal, | ||
state, and local laws, rules, regulations, and policies relating to | ||
long-term care facilities and services and shall recommend any | ||
changes the office considers necessary. | ||
(b) To the extent necessary to perform any duties under this | ||
subchapter, Section 556.006(a), Government Code, and Section | ||
391.0116, Local Government Code, do not apply to the state | ||
long-term care ombudsman or a representative. | ||
Sec. 101A.261. PUBLIC INFORMATION. The office shall | ||
provide information and make recommendations to public agencies, | ||
legislators, and other persons about [ |
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problems and concerns of [ |
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Sec. 101A.262. [ |
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prepare a [ |
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(1) information and findings relating to the problems | ||
and concerns [ |
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(2) policy, regulatory, and legislative | ||
recommendations to solve the problems, resolve the concerns | ||
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care and lives. | ||
(b) The report must be submitted to the governor and the | ||
presiding officer of each house of the legislature not later than | ||
November 1 of each even-numbered year. | ||
Sec. 101A.263. LIMITATION OF LIABILITY. The state | ||
long-term care [ |
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civil damages or subject to criminal prosecution for performing | ||
official duties unless the state long-term care ombudsman or | ||
representative acts in bad faith or with a malicious purpose. | ||
Sec. 101A.264. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person: | ||
(1) by act or omission, wilfully [ |
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interferes or attempts to interfere with the state long-term care | ||
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duties; or | ||
(2) commits or attempts to commit an act of | ||
retaliation or reprisal against any resident or employee of a | ||
long-term care facility for filing a complaint or providing | ||
information to the state long-term care [ |
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representative. | ||
(b) An offense under this section is a Class B misdemeanor. | ||
(c) The commission [ |
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criminal sanctions will be initiated only after all administrative | ||
procedures are exhausted. | ||
SECTION 2. Section 101A.264, Human Resources Code, as | ||
amended by this Act, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3564 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3564 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |