By: Moncrief S.B. No. 29
A BILL TO BE ENTITLED
AN ACT
1-1 relating to complaint investigations and data collection on quality
1-2 improvement of convalescent and nursing homes and related
1-3 institutions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 242, Health and Safety
1-6 Code, is amended by adding Section 242.049 to read as follows:
1-7 Sec. 242.049. QUALITY IMPROVEMENT. (a) The department may
1-8 evaluate data for quality of care in nursing homes.
1-9 (b) The department may gather data on a form or forms to be
1-10 provided by the department to improve the quality of care in
1-11 nursing homes and may provide information to nursing homes which
1-12 will allow them to improve and maintain the quality of care which
1-13 they provide. Data referred to in this section can include
1-14 information compiled from documents otherwise available under the
1-15 open records law, Chapter 424, Acts of the 63rd Legislature,
1-16 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
1-17 Statutes), including but not limited to individual survey reports
1-18 and investigation reports.
1-19 (c) All licensed nursing homes in the state may be required
1-20 to submit information designated by the department as necessary to
1-21 improve the quality of care in nursing homes.
1-22 (d) The collection, compilation, and analysis of the
1-23 information and any reports produced from these sources shall be
2-1 done in a manner that protects the privacy of any individual about
2-2 whom information is given and is explicitly confidential. The
2-3 department shall protect and maintain the confidentiality of the
2-4 information. The information received by the department, any
2-5 information compiled as a result of review of internal agency
2-6 documents, and any reports, compilations, and analyses produced
2-7 from these sources shall not be available for public inspection or
2-8 disclosure, nor are these sources public records within the meaning
2-9 of the open records law, Chapter 424, Acts of the 63rd Legislature,
2-10 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
2-11 Statutes). The information and any compilations, reports, or
2-12 analyses produced from the information shall not be subject to
2-13 discovery, subpoena, or other means of legal compulsion for release
2-14 to any person or entity except as provided in this section and
2-15 shall not be admissible in any civil, administrative, or criminal
2-16 proceeding. This privilege shall be recognized by Rules 501 and
2-17 502 of the Texas Rules of Civil Evidence and the Texas Rules of
2-18 Criminal Evidence.
2-19 (e) The information and reports, compilations, and analyses
2-20 developed by the department for quality improvement shall be used
2-21 only for the evaluation and improvement of quality care in nursing
2-22 homes. No department proceeding or record shall be subject to
2-23 discovery, subpoena, or other means of legal compulsion for release
2-24 to any person or entity, and shall not be admissible in any civil,
2-25 administrative, or criminal proceeding. This privilege shall be
3-1 recognized by Rules 501 and 502 of the Texas Rules of Civil
3-2 Evidence and the Texas Rules of Criminal Evidence.
3-3 (f) Notwithstanding Subsection (d), the department shall
3-4 transmit reports, compilations, and analyses of the information
3-5 provided by a nursing home to that nursing home, and such
3-6 disclosure shall not be violative of this section nor shall it
3-7 constitute a waiver of confidentiality.
3-8 (g) A member, agent, or employee of the department may not
3-9 disclose or be required to disclose a communication made to the
3-10 department or a record or proceeding of the department required to
3-11 be submitted under this section except to the nursing home in
3-12 question or its agents or employees.
3-13 (h) Nothing in this section is intended to abridge the
3-14 department's enforcement responsibilities under this chapter or
3-15 under any other law.
3-16 (i) Nothing in this section shall affect the availability
3-17 and disclosure of information, reports, and other documents that,
3-18 on the effective date of this section, were considered to be public
3-19 information under Subchapter E and the rules adopted under that
3-20 subchapter or that were subject to any other means of legal
3-21 compulsion.
3-22 SECTION 2. Section 242.094, Health and Safety Code, is
3-23 amended by adding Subsection (e) to read as follows:
3-24 (e) Venue for actions brought under this section shall be in
3-25 Travis County.
4-1 SECTION 3. Subsections (d) and (e), Section 242.126, Health
4-2 and Safety Code, are amended to read as follows:
4-3 (d) The investigation may <shall> include a visit to the
4-4 resident's institution and an interview with the resident if these
4-5 actions are determined by the department to be appropriate.
4-6 (e) If the department attempts to carry out an on-site
4-7 investigation and it is shown that admission to the institution, or
4-8 any place where the resident is located, cannot be obtained, a
4-9 probate or county court shall order the person responsible for the
4-10 care of the resident or the person in charge of a place where the
4-11 resident is located to allow entrance for the interview and
4-12 investigation.
4-13 SECTION 4. This Act takes effect September 1, 1993.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.