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) 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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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