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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information reviews of certain |
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individuals providing services to individuals with an intellectual |
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or developmental disability under Medicaid; providing an |
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administrative penalty. |
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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 Section 531.02485 to read as 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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SECTION 3. 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 4. This Act takes effect September 1, 2023. |
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