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House Bill 1009 |
House Author: Turner |
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Effective: 9-1-23 |
Senate Sponsor: West et al. |
House Bill 1009 amends the Government Code and Health and Safety Code to require certain facilities to suspend the employment of a facility employee who is found to have engaged in conduct that must be reported to the employee misconduct registry maintained by the Health and Human Services Commission while the individual exhausts any applicable appeals process. The bill also requires a Medicaid provider to take such action with respect to a residential caregiver employed or contracted by the provider to provide community-based residential care services to Medicaid recipients with an intellectual or developmental disability (IDD).
House Bill 1009 requires a Medicaid provider to review state and federal criminal history record information and obtain electronic updates of arrests and convictions for each residential caregiver the provider employs or contracts with to provide community-based residential care services to Medicaid recipients with an IDD. The bill prohibits an individual who has been convicted of an offense that bars a person from employment serving the elderly, persons with disabilities, or persons with terminal illnesses from being employed or contracted as a residential caregiver or otherwise providing direct care to Medicaid recipients with an IDD and requires a Medicaid provider to immediately discharge a residential caregiver convicted of such an offense. The bill provides for disciplinary action against an individual or Medicaid provider who violates these provisions.