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


Senate Research Center   S.B. 967
76R7148 MCK-DBy: Zaffirini
Human Services
4/6/1999
As Filed


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 would
create 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 proposed, 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 1 (Section 253.006, Title 4B, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. 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," "direct
contact working with a consumer," "employee," and "facility."   

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

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 20th 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 is
made final as provided by Chapter 2001, Government Code.  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 court to keep an incident listed in the registry if a
court sustains the finding.  Requires the department to remove an incident
from the registry if a court does not sustain a finding of an act of
misconduct. 

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.
Requires the department to make the registry available to the public. 

Sec. 253.008. VERIFICATION OF EMPLOYABILITY. Requires a facility to
reference the registry prior to hiring an employee and prohibits a facility
from employing a person who is listed in the registry. 

SECTION 2. Effective date: September 1, 1999.  Provides this Act applies
only to acts of misconduct that occur after September 1, 1999. 

SECTION 3. Provides that the passage and enactment of House Bill No. 224 or
Senate Bill No. 20, Acts of the 76th Legislature, Regular Session, 1999, is
required for this Act to take effect. 

SECTION 4. Emergency clause.