Bill Text: TX SB1880 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the authority of the Department of Family and Protective Services to investigate abuse, neglect, or exploitation of individuals receiving services from certain providers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [SB1880 Detail]
Download: Texas-2015-SB1880-Enrolled.html
S.B. No. 1880 |
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relating to the authority of the Department of Family and | ||
Protective Services to investigate abuse, neglect, or exploitation | ||
of individuals receiving services from certain providers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 48.002(a), Human Resources Code, is | ||
amended by adding Subdivision (11) to read as follows: | ||
(11) "Home and community-based services" has the | ||
meaning assigned by Section 48.251. | ||
SECTION 2. Section 48.002(b), Human Resources Code, as | ||
amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
(b) The definitions of "abuse," "neglect," [ |
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"exploitation," and "an individual receiving services" adopted by | ||
the executive commissioner as prescribed by Section 48.251(b) | ||
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exploitation conducted under Subchapter F [ |
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SECTION 3. Section 48.003, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 48.003. INVESTIGATIONS IN NURSING FACILITIES [ |
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ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES. (a) Except as | ||
provided by Subsection (c), this [ |
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the alleged or suspected abuse, neglect, or exploitation occurs in | ||
a facility licensed under Chapter 242 or 247, Health and Safety | ||
Code. | ||
(b) Alleged or suspected abuse, neglect, or exploitation | ||
that occurs in a facility licensed under Chapter 242 or 247, Health | ||
and Safety Code, is governed by Chapter 260A, Health and Safety | ||
Code, except as otherwise provided by Subsection (c). | ||
(c) Subchapter F applies to an investigation of alleged or | ||
suspected abuse, neglect, or exploitation in which a provider of | ||
home and community-based services is or may be alleged to have | ||
committed the abuse, neglect, or exploitation, regardless of | ||
whether the facility in which those services were provided is | ||
licensed under Chapter 242 or 247, Health and Safety Code. | ||
SECTION 4. Sections 48.051(a) and (b), Human Resources | ||
Code, as amended by S.B. No. 219, Acts of the 84th Legislature, | ||
Regular Session, 2015, are amended to read as follows: | ||
(a) Except as prescribed by Subsection (b), a person having | ||
cause to believe that an elderly person, a [ |
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disability, or an individual receiving services from a provider as | ||
described by Subchapter F is in the state of abuse, neglect, or | ||
exploitation[ |
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the information required by Subsection (d) immediately to the | ||
department. | ||
(b) If a person has cause to believe that an elderly person | ||
or a person with a disability, other than an individual [ |
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by Subchapter F [ |
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exploited in a facility operated, licensed, certified, or | ||
registered by a state agency, the person shall report the | ||
information to the state agency that operates, licenses, certifies, | ||
or registers the facility for investigation by that agency. | ||
SECTION 5. Section 48.103, Human Resources Code, is amended | ||
by amending Subsection (a), as amended by S.B. No. 219, Acts of the | ||
84th Legislature, Regular Session, 2015, and adding Subsection (c) | ||
to read as follows: | ||
(a) Except as otherwise provided by Subsection (c), on [ |
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determining after an investigation that an elderly person or a | ||
person with a disability has been abused, exploited, or neglected | ||
by an employee of a home and community support services agency | ||
licensed under Chapter 142, Health and Safety Code, the department | ||
shall: | ||
(1) notify the state agency responsible for licensing | ||
the home and community support services agency of the department's | ||
determination; | ||
(2) notify any health and human services agency, as | ||
defined by Section 531.001, Government Code, that contracts with | ||
the home and community support services agency for the delivery of | ||
health care services of the department's determination; and | ||
(3) provide to the licensing state agency and any | ||
contracting health and human services agency access to the | ||
department's records or documents relating to the department's | ||
investigation. | ||
(c) This section does not apply to an investigation of | ||
alleged or suspected abuse, neglect, or exploitation in which a | ||
provider, as defined by Section 48.251, is or may be alleged to have | ||
committed the abuse, neglect, or exploitation. An investigation | ||
described by this subsection is governed by Subchapter F. | ||
SECTION 6. Section 48.151(e), Human Resources Code, is | ||
amended to read as follows: | ||
(e) This section does not apply to investigations conducted | ||
under Subchapter F [ |
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SECTION 7. Section 48.201, Human Resources Code, as amended | ||
by S.B. No. 219, Acts of the 84th Legislature, Regular Session, | ||
2015, is amended to read as follows: | ||
Sec. 48.201. APPLICATION OF SUBCHAPTER. Except as | ||
otherwise provided, this subchapter does not apply to an | ||
investigation conducted under Subchapter F [ |
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SECTION 8. Subchapter F, Chapter 48, Human Resources Code, | ||
as amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
SUBCHAPTER F. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION | ||
OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS [ |
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Sec. 48.251. DEFINITIONS. (a) In this subchapter: | ||
(1) "Behavioral health services" means: | ||
(A) mental health services, as defined by Section | ||
531.002, Health and Safety Code; and | ||
(B) interventions provided to treat chemical | ||
dependency, as defined by Section 461A.002, Health and Safety Code. | ||
(2) "Community center" has the meaning assigned by | ||
Section 531.002, Health and Safety Code. | ||
(3) "Facility" means: | ||
(A) a facility listed in Section 532.001(b) or | ||
532A.001(b), Health and Safety Code, including community services | ||
operated by the Department of State Health Services or Department | ||
of Aging and Disability Services, as described by those sections, | ||
or a person contracting with a health and human services agency to | ||
provide inpatient mental health services; and | ||
(B) a facility licensed under Chapter 252, Health | ||
and Safety Code. | ||
(4) "Health and human services agency" has the meaning | ||
assigned by Section 531.001, Government Code. | ||
(5) "Home and community-based services" means | ||
services provided in the home or community in accordance with 42 | ||
U.S.C. Section 1315, 42 U.S.C. Section 1315a, 42 U.S.C. Section | ||
1396a, or 42 U.S.C. Section 1396n, and as otherwise provided by | ||
department rule. | ||
(6) "Local intellectual and developmental disability | ||
authority" has the meaning assigned by Section 531.002, Health and | ||
Safety Code. | ||
(7) "Local mental health authority" has the meaning | ||
assigned by Section 531.002, Health and Safety Code. | ||
(8) "Managed care organization" has the meaning | ||
assigned by Section 533.001, Government Code. | ||
(9) "Provider" means: | ||
(A) a facility; | ||
(B) a community center, local mental health | ||
authority, and local intellectual and developmental disability | ||
authority; | ||
(C) a person who contracts with a health and | ||
human services agency or managed care organization to provide home | ||
and community-based services; | ||
(D) a person who contracts with a Medicaid | ||
managed care organization to provide behavioral health services; | ||
(E) a managed care organization; | ||
(F) an officer, employee, agent, contractor, or | ||
subcontractor of a person or entity listed in Paragraphs (A)-(E); | ||
and | ||
(G) an employee, fiscal agent, case manager, or | ||
service coordinator of an individual employer participating in the | ||
consumer-directed service option, as defined by Section 531.051, | ||
Government Code. | ||
(b) The executive commissioner by rule shall adopt | ||
definitions of "abuse," "neglect," "exploitation," and "an | ||
individual receiving services" for purposes of this subchapter and | ||
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subchapter [ |
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Sec. 48.252. INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR | ||
EXPLOITATION BY PROVIDER [ |
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provided by Subsection (b), shall investigate under this subchapter | ||
reports of the abuse, neglect, or exploitation of an individual | ||
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suspected to have committed the abuse, neglect, or exploitation is | ||
a provider[ |
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(b) The department may not [ |
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investigate under this subchapter reports of [ |
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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 appropriate state agency for investigation [ |
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(c) The department shall receive and investigate under this | ||
subchapter reports of abuse, neglect, or exploitation of 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. [ |
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Sec. 48.253. ACTION ON REPORT. (a) On receipt by the | ||
department of a report of alleged abuse, neglect, or exploitation | ||
under this subchapter, the department shall initiate a prompt and | ||
thorough investigation as needed to evaluate the accuracy of the | ||
report and to assess the need for emergency protective services, | ||
unless the department, in accordance with rules adopted under 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 department shall notify the provider and the | ||
appropriate health and human services agency in 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 department complete access during an | ||
investigation to: | ||
(A) all sites owned, operated, or controlled by | ||
the provider; and | ||
(B) clients and client records. | ||
(d) The executive commissioner shall adopt rules governing | ||
investigations conducted under this subchapter. | ||
Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (a) The | ||
executive commissioner by rule shall establish procedures for the | ||
department to use to [ |
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copy of the completed provider investigation report relating to | ||
alleged or suspected abuse, neglect, or exploitation to the | ||
appropriate provider and health and human services agency | ||
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(b) The department shall redact from an 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 Section 48.051. | ||
(c) A provider that receives a completed investigation | ||
report under Subsection (a) shall forward the report to the managed | ||
care organization with which the provider contracts for services | ||
for the alleged victim. | ||
Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS | ||
SUBCHAPTER. (a) The executive commissioner [ |
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(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; | ||
(2) [ |
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procedures for resolving disagreements between the department and | ||
health and human services agencies [ |
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concerning the department's investigation findings; and | ||
(3) provide for an appeals process by the department | ||
for the alleged victim of abuse, neglect, or exploitation. | ||
(b) [ |
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may not be changed by the administrator [ |
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mental health authority, or a local intellectual and developmental | ||
disability authority. | ||
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Sec. 48.256. SHARING PROVIDER INFORMATION. (a) The | ||
executive commissioner shall adopt rules that prescribe the | ||
appropriate manner in which health and human services agencies and | ||
managed care organizations provide the department with information | ||
necessary to facilitate identification of individuals receiving | ||
services from providers and to facilitate notification of providers | ||
by the department. | ||
(b) The executive commissioner shall adopt rules requiring | ||
a provider to provide information to the administering health and | ||
human services agency necessary to facilitate identification by the | ||
department of individuals receiving services from providers and to | ||
facilitate notification of providers by the department. | ||
(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 applicable health and human services agency to provide home and | ||
community-based services; and | ||
(3) the name of the legal entity that contracted with | ||
the applicable health and human services agency to provide those | ||
services. | ||
Sec. 48.257. RETALIATION PROHIBITED. (a) A provider of | ||
home and community-based services may not retaliate against a | ||
person for filing a report or providing information in good faith | ||
relating to the possible abuse, neglect, or exploitation of an | ||
individual receiving services. | ||
(b) This section does not prohibit a provider of home and | ||
community-based services from terminating an employee for a reason | ||
other than retaliation. | ||
Sec. 48.258. [ |
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INVESTIGATIONS. (a) The health and human services agencies | ||
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the executive commissioner, jointly develop and implement a | ||
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subchapter. | ||
(b) To facilitate implementation of the system, the health | ||
and human services agencies [ |
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outcome of reports and investigations under this subchapter. | ||
SECTION 9. Section 48.301, Human Resources Code, is amended | ||
by amending Subsection (a), as amended by S.B. No. 219, Acts of the | ||
84th Legislature, Regular Session, 2015, and adding Subsection | ||
(a-1) to read as follows: | ||
(a) If the department receives a report of suspected abuse, | ||
neglect, or exploitation of an elderly person or a person with a | ||
disability[ |
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receiving services [ |
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operated, licensed, certified, or registered by a state agency, the | ||
department shall refer the report to that agency. | ||
(a-1) This subchapter does not apply to a report of | ||
suspected abuse, neglect, or exploitation of an individual | ||
receiving services from a provider as described by Subchapter F. | ||
SECTION 10. Sections 48.401(1) and (3), Human Resources | ||
Code, are amended to read as follows: | ||
(1) "Agency" means: | ||
(A) an entity licensed under Chapter 142, Health | ||
and Safety Code; | ||
(B) a person exempt from licensing under Section | ||
142.003(a)(19), Health and Safety Code; | ||
(C) a facility licensed under Chapter 252, Health | ||
and Safety Code; or | ||
(D) a provider [ |
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department under Subchapter F or under Section 261.404, Family | ||
Code. | ||
(3) "Employee" means a person who: | ||
(A) works for: | ||
(i) an agency; or | ||
(ii) an individual employer participating | ||
in the consumer-directed service option, as defined by Section | ||
531.051, Government Code; | ||
(B) provides personal care services, active | ||
treatment, or any other [ |
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receiving agency services, an individual who is a child for whom an | ||
investigation is authorized under Section 261.404, Family Code, or | ||
an individual receiving services through the consumer-directed | ||
service option, as defined by Section 531.051, Government Code; and | ||
(C) is not licensed by the state to perform the | ||
services the person performs for the agency or the individual | ||
employer participating in the consumer-directed service option, as | ||
defined by Section 531.051, Government Code. | ||
SECTION 11. The heading to Section 261.404, Family Code, as | ||
amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
Sec. 261.404. INVESTIGATIONS REGARDING CERTAIN CHILDREN | ||
RECEIVING SERVICES FROM CERTAIN PROVIDERS [ |
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SECTION 12. Section 261.404, Family Code, as amended by | ||
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, | ||
is amended by amending Subsections (a) and (b) and adding | ||
Subsections (a-1), (a-2), and (a-3) to read as follows: | ||
(a) The department shall investigate a report of abuse, | ||
neglect, or exploitation of a child receiving services from a | ||
provider, as those terms are defined by Section 48.251, Human | ||
Resources Code, or as otherwise defined by rule. The department | ||
shall also investigate, under Subchapter F, Chapter 48, Human | ||
Resources Code, a report of abuse, neglect, or exploitation of a | ||
child receiving services from an officer, employee, agent, | ||
contractor, or subcontractor of a home and community support | ||
services agency licensed under Chapter 142, Health and Safety Code, | ||
if the officer, employee, agent, contractor, or subcontractor is or | ||
may be the person alleged to have committed the abuse, neglect, or | ||
exploitation[ |
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(a-1) For an investigation of a child living in a residence | ||
owned, operated, or controlled by a provider of services under the | ||
home and community-based services waiver program described by | ||
Section 534.001(11)(B), Government Code, the department, in | ||
accordance with Subchapter E, Chapter 48, Human Resources Code, may | ||
provide emergency protective services necessary to immediately | ||
protect the child from serious physical harm or death and, if | ||
necessary, obtain an emergency order for protective services under | ||
Section 48.208, Human Resources Code. | ||
(a-2) For an investigation of a child living in a residence | ||
owned, operated, or controlled by a provider of services under the | ||
home and community-based services waiver program described by | ||
Section 534.001(11)(B), Government Code, regardless of whether the | ||
child is receiving services under that waiver program from the | ||
provider, the department shall provide protective services to the | ||
child in accordance with Subchapter E, Chapter 48, Human Resources | ||
Code. | ||
(a-3) For purposes of this section, Subchapters E and F, | ||
Chapter 48, Human Resources Code, apply to an investigation of a | ||
child and to the provision of protective services to that child in | ||
the same manner those subchapters apply to an investigation of an | ||
elderly person or person with a disability and the provision of | ||
protective services to that person. | ||
(b) The department shall investigate the report under rules | ||
developed by the executive commissioner [ |
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SECTION 13. Section 142.009(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The department or its authorized representative shall | ||
investigate each complaint received regarding the provision of home | ||
health, hospice, or personal assistance services[ |
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(1) conduct an unannounced survey of a place of | ||
business, including an inspection of medical and personnel records, | ||
if the department has reasonable cause to believe that the place of | ||
business is in violation of this chapter or a rule adopted under | ||
this chapter; | ||
(2) conduct an interview with a recipient of home | ||
health, hospice, or personal assistance services, which may be | ||
conducted in the recipient's home if the recipient consents; | ||
(3) conduct an interview with a family member of a | ||
recipient of home health, hospice, or personal assistance services | ||
who is deceased or other person who may have knowledge of the care | ||
received by the deceased recipient of the home health, hospice, or | ||
personal assistance services; or | ||
(4) interview a physician or other health care | ||
practitioner, including a member of the personnel of a home and | ||
community support services agency, who cares for a recipient of | ||
home health, hospice, or personal assistance services. | ||
SECTION 14. Section 260A.002, Health and Safety Code, is | ||
amended by adding Subsection (a-1) 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 Department of Family and | ||
Protective Services in 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 15. The following are repealed: | ||
(1) Section 261.404(f), Family Code, as amended by | ||
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015; | ||
and | ||
(2) Subchapter H, Chapter 48, Human Resources Code. | ||
SECTION 16. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1880 passed the Senate on | ||
April 28, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1880 passed the House on | ||
May 26, 2015, by the following vote: Yeas 144, Nays 2, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |