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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 2683

House Author:  Price

Effective:  1-1-14

Senate Sponsor:  Nelson


            House Bill 2683 makes certain provisions of the Health and Safety Code relating to the employment of persons convicted of certain offenses or listed in the nurse aide registry or employee misconduct registry applicable to an individual employer participating in the consumer-directed service option. The bill requires a facility, agency, individual employer, or financial management services agency on behalf of an individual employer, as applicable, to maintain a copy of the results of the required annual search of the employee misconduct registry and the nurse aide registry in the facility's or individual employer's books and records. The bill includes among the persons prohibited from employment by an individual employer or by certain facilities serving the elderly, serving persons with disabilities, or serving persons with terminal illnesses a person for whom the individual employer or the facility is entitled to obtain criminal history record information and who has been convicted of an offense of exploitation of a child, elderly individual, or disabled individual. The bill requires the Department of Aging and Disability Services (DADS) to complete a hearing requested by an employee relating to an occurrence of reportable conduct and complete the hearing record not later than the 120th day after the date DADS receives a request for a hearing.

House Bill 2683 expands the definition of "employee," for purposes of the employee misconduct registry, to include a person who works for an individual employer participating in the consumer-directed service option, provides certain services to an individual receiving services through that option, and is not licensed by the state to perform those services.