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A BILL TO BE ENTITLED
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AN ACT
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relating to suspending the employment of certain persons who |
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provide care to individuals with an intellectual or developmental |
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disability and who are alleged to have engaged in reportable |
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conduct; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02485 to read as follows: |
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Sec. 531.02485. SUSPENDING EMPLOYMENT OF CERTAIN |
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RESIDENTIAL CAREGIVERS. (a) In this section: |
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(1) "Consumer-directed service option" has the |
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meaning assigned by Section 531.051. |
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(2) "Reportable conduct" includes: |
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(A) abuse or neglect that causes or may cause |
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death or harm to an individual using the consumer-directed service |
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option or a resident; |
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(B) sexual abuse of an individual using the |
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consumer-directed service option or a resident; |
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(C) financial exploitation of an individual |
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using the consumer-directed service option or a resident in an |
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amount of $25 or more; and |
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(D) emotional, verbal, or psychological abuse |
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that causes harm to an individual using the consumer-directed |
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service option or a resident. |
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(3) "Resident" means an individual residing in a group |
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home or other residential facility who is receiving services from a |
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residential caregiver. |
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(4) "Residential caregiver" means an individual who |
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provides, through a group home or other residential facility |
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licensed by or operated under the authority of the commission, |
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community-based residential care services: |
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(A) to not more than four individuals with an |
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intellectual or developmental disability at any time; and |
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(B) at a residence other than the home of the |
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individual providing the services. |
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(b) A Medicaid provider, including a provider providing |
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services under a Section 1915(c) waiver program, who employs or |
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contracts with a residential caregiver to provide community-based |
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residential care services through a group home or other residential |
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facility described by Subsection (a)(4), on receiving notice of the |
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reportable conduct finding, shall immediately suspend the |
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employment or contract of an individual the provider employs or |
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contracts with as a residential caregiver who the commission finds |
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has engaged in reportable conduct while the individual exhausts any |
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applicable appeals process, including informal and formal appeals, |
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pending a final decision by an administrative law judge. The |
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provider may not reinstate the individual's employment or contract |
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during the course of any appeals process. |
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(c) Notwithstanding any other law, the commission shall |
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take disciplinary action against a Medicaid provider that violates |
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Subsection (b), including imposing an administrative penalty or |
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vendor hold, terminating a contract or license, or any other |
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disciplinary action the commission determines appropriate. In |
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determining the appropriate disciplinary action to take against a |
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Medicaid provider under this subsection, the commission shall |
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consider: |
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(1) the nature and seriousness of the violation; |
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(2) the history of previous violations; and |
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(3) any other matter justice may require. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. The heading to Chapter 253, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY |
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SECTION 3. Section 253.001(4), Health and Safety Code, is |
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amended to read as follows: |
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(4) "Facility" means: |
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(A) a facility: |
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(i) licensed by the department; [or] |
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(ii) licensed under Chapter 252; or |
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(iii) licensed under Chapter 555; |
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(B) an adult foster care provider that contracts |
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with the department; |
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(C) a home and community support services agency |
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licensed by the department under Chapter 142; or |
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(D) a prescribed pediatric extended care center |
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licensed under Chapter 248A. |
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SECTION 4. Chapter 253, Health and Safety Code, is amended |
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by adding Section 253.0025 to read as follows: |
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Sec. 253.0025. EMPLOYMENT SUSPENSION FOR FACILITY |
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EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT. A facility |
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shall suspend the employment of a facility employee who the Health |
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and Human Services Commission finds has engaged in reportable |
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conduct while the employee exhausts any applicable appeals process, |
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including informal and formal appeals and any hearing or judicial |
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review conducted in accordance with Section 253.004 or 253.005, |
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pending a final decision by an administrative law judge. The |
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facility may not reinstate the employee's position during the |
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course of any applicable appeals process. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2023. |