BILL ANALYSIS

C.S.H.B. 3961

By: Spiller

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There have been concerns about long-term care facility residents' access to information about the office of the long-term care ombudsman, which is responsible for advocating for the rights of such residents. Printed information regarding the office may be given to a resident or his or her family member when moving into a long-term care facility, but the volume of information received at that time may cause this critical advocacy resource to be overlooked. Other family members and loved ones may not have access to the facility's physical location and thus may not be aware of posted notices in the building. C.S.H.B. 3961 seeks to address this concern by requiring certain information relating to the state long-term ombudsman's office to be posted on the websites of long-term care facilities under the jurisdiction of the office.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3961 amends the Health and Safety Code to require a licensed nursing facility, a licensed assisted living facility, or any other long-term care facility under the jurisdiction of the state long-term care ombudsman to post on the facility's website information about the office of the ombudsman, including the office's contact information and information regarding its role as an advocate for residents of long-term care facilities.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3961 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute requires the posted information to include information regarding the role of the long-term care ombudsman's office as an advocate for residents of long-term care facilities instead of information regarding the office's role in regulating the applicable facility, as was required by the original.