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AN ACT
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relating to imposing requirements on the employment of or contracts |
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for certain individuals providing services to individuals with an |
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intellectual or developmental disability, including requiring |
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certain facilities and Medicaid providers to conduct criminal |
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history record information and employee misconduct registry |
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reviews and to suspend the employment or contracts of individuals |
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who engage in reportable conduct; providing administrative |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.11061 to read as follows: |
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Sec. 411.11061. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: CERTAIN MEDICAID PROVIDERS. (a) In this section, |
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"residential caregiver" has the meaning assigned by Section |
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531.02485. |
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(b) A Medicaid provider that provides community-based |
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residential care services to Medicaid recipients through a group |
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home or other residential facility licensed by or operated under |
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the authority of the Health and Human Services Commission is |
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entitled to obtain from the department criminal history record |
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information maintained by the department that relates to an |
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individual who is an applicant for employment or seeking a contract |
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position with the provider as a residential caregiver or who is |
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employed or contracted by the provider as a residential caregiver. |
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SECTION 2. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.02485 and 531.02486 to read as |
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follows: |
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Sec. 531.02485. REQUIRED REVIEW OF CRIMINAL HISTORY RECORD |
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INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS. (a) In this |
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section, "residential caregiver" means an individual who provides, |
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through a group home or other residential facility licensed by or |
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operated under the authority of the commission, community-based |
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residential care services: |
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(1) to not more than four individuals with an |
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intellectual or developmental disability at any time; and |
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(2) 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 1915(c) waiver program, that employs or contracts |
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with a residential caregiver to provide community-based |
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residential care services to Medicaid recipients shall review state |
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and federal criminal history record information and obtain |
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electronic updates from the Department of Public Safety of arrests |
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and convictions for each residential caregiver the provider employs |
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or contracts with to provide community-based residential care |
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services to Medicaid recipients. |
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(c) An individual who has been convicted of an offense |
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described by Section 250.006, Health and Safety Code, may not be |
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employed or contracted as a residential caregiver or otherwise |
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provide direct care to a Medicaid recipient with an intellectual or |
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developmental disability to the same extent and, if applicable, for |
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the same period of time prescribed by Section 250.006(a) or (b), |
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Health and Safety Code, as an individual similarly convicted under |
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those subsections. An individual who violates this subsection is |
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subject to disciplinary action by the commission. |
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(d) A Medicaid provider shall immediately discharge any |
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individual the provider employs or contracts with as a residential |
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caregiver who is convicted of an offense described by Section |
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250.006, Health and Safety Code. |
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(e) Notwithstanding any other law, the commission shall |
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take disciplinary action against a Medicaid provider that violates |
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this section, 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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(f) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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Sec. 531.02486. 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" has the meaning assigned |
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by Section 531.02485. |
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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 3. 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 4. 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 5. 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 6. 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 7. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1009 was passed by the House on May 5, |
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2023, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1009 on May 25, 2023, by the following vote: Yeas 140, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1009 was passed by the Senate, with |
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amendments, on May 21, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |