SRC-ARR, SLL, DPW S.B. 967 76(R)BILL ANALYSIS


Senate Research CenterS.B. 967
By: Zaffirini
Human Services
8/12/1999
Enrolled


DIGEST 

Currently, the Texas Department of Human Services (department) is charged
with the regulation of a variety of long-term care facilities, in addition
to nursing homes.  The rapid growth of adult day care facilities,
intermediate care facilities for the mentally retarded and personal care
homes has produced a proliferation of uncredentialed employees providing
"nurse aide-like" direct care services.  Although the existing nurse aide
registry at the department tracks findings of abuse, neglect, or
exploitation by nurse aides against nursing home residents, no such
registry exists to track similar acts by uncredentialed employees of other
long-term care facilities under department regulation.  This bill creates a
registry for acts of misconduct by certain employees of facilities licensed
by the department and authorize its use in investigating complaints against
facilities licensed by the department. 

PURPOSE

As enrolled, S.B. 967 creates a registry for acts of misconduct by certain
employees of facilities licensed by the Texas Department of Human Services. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Human Services
in SECTION 2 (Sections 253.006 and 253.009, Title 4B, Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 250.004(a), Health and Safety Code, to define
"identifying information."  Makes conforming and nonsubstantive changes. 

SECTION 2. Amends Title 4B, Health and Safety Code, by adding Chapter 253,
as follows: 

CHAPTER 253. EMPLOYEE MISCONDUCT REGISTRY

Sec. 253.001. DEFINITIONS. Defines "commissioner," "department,"
"employee," and "facility."   

Sec. 253.002. INVESTIGATION BY DEPARTMENT.  Requires the Texas Department
of Human Services (department) to investigate reports regarding acts of
abuse, neglect, exploitation, or misappropriation by an employee of a
facility licensed by the department against a resident or consumer of the
facility. 

Sec. 253.003. DETERMINATION; NOTICE. Requires the department to give
written notice of findings, discovered during an investigation of an
employee, which must include a brief summary of the department's findings
and a statement of a person's right to a hearing on the occurrence of the
misconduct.  Authorizes an employee under investigation to accept the
determination of the department or make a written request for a hearing on
that determination, no later than the 30th day after receiving a notice of
findings.  Requires the commissioner of human services or designee
(commissioner) to issue an order, upon an employee's acceptance of a
determination or untimely response, approving the determination and
ordering that the incident of misconduct be recorded in the registry under
Section  253.007. 

Sec. 253.004. HEARING; ORDER.  Requires the department, upon receiving an
employee's request for a hearing, to set a hearing, give written notice of
the hearing to the employee, and designate a hearings examiner.  Requires
the hearings examiner to make findings of fact and conclusions of law and
promptly issue a proposal for a decision to the commissioner. Authorizes
the commissioner to find, by order, that an act of misconduct has occurred
and requires the commissioner to issue an order approving the determination
and ordering that the incident of misconduct be recorded in the registry
under Section 253.007. 

Sec. 253.005. NOTICE; JUDICIAL REVIEW.  Requires the department to give
notice of an order under Section 253.004, which must include certain items,
to an employee alleged to have committed an act of misconduct.  Authorizes
an employee to file for a petition for judicial review contesting the
finding of an act of misconduct no later than 30 days after the decision
becomes final as provided by Chapter 2001, Government Code.  Requires the
department, if the employee does not request judicial review of the
determination, to record the incident of misconduct in the registry under
Section 253.007.  Provides that judicial review of the order is instituted
by filing a petition as provided by Chapter 2001G, Government Code, and is
under the substantial evidence rule.  Requires the department, if the court
sustains the finding of the occurrence of an act of misconduct, to record
the incident of misconduct in the registry under Section 253.007. 

Sec. 253.006. INFORMAL PROCEEDINGS. Requires the department to adopt, by
rule, procedures governing informal proceedings held in compliance with
Section 2001.056, Government Code. 

Sec. 253.007. EMPLOYEE MISCONDUCT REGISTRY.  Requires the department to
make a record of an employee's name, address, social security number, name
and address of the facility, and the date and description of the
misconduct, if an employee is found to have committed an act of misconduct.
Authorizes the department to make a record in the employee misconduct
registry if an agency of another state or the federal government finds an
employee has committed an act of misconduct. Requires the department to
make the registry available to the public. 

Sec. 253.008. VERIFICATION OF EMPLOYABILITY. Requires a facility to
reference the employee misconduct registry and the aide registry maintained
under the Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100 - 203)
prior to hiring an employee and prohibits a facility from employing a
person who is listed in either registry. 

Sec.  253.009.  NOTIFICATION.  Requires each facility to notify its
employees in a manner prescribed by the department about the employee
misconduct registry and that an employee may not be employed if the
employee is listed in the registry.  Requires the board to adopt rules to
implement this section. 

SECTION 3. Effective date: September 1, 1999.  Provides this Act applies
only to acts of misconduct that occur after September 1, 1999. 

SECTION 4.  Emergency clause.