By Chavez                                               H.B. No. 71
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement of a criminal background check of all
 1-3     persons applying for employment as a home health care provider.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 142, Health and Safety Code
 1-6     is amended by amending Subsection (c)(5), Sec. 142.004 to read as
 1-7     follows:
 1-8           Sec. 142.004.  License Application.  (a)  An applicant for a
 1-9     license to provide home health, hospice, or personal assistance
1-10     services must:
1-11                 (1)  file a written application on a form prescribed by
1-12     the department indicating the type of service the applicant wishes
1-13     to provide;
1-14                 (2)  cooperate with any surveys required by the
1-15     department for a license; and
1-16                 (3)  pay the license fee prescribed by this chapter.
1-17           (b)  In addition to the requirements of Subsection (a), if
1-18     the applicant is a certified agency when the application for a
1-19     license to provide certified home health services is filed, the
1-20     applicant must maintain its Medicare certification.  If the
1-21     applicant is not a certified agency when the application for a
 2-1     license to provide certified home health services is filed, the
 2-2     applicant must establish that it is in the process of receiving its
 2-3     certification from the United States Department of Health and Human
 2-4     Services.
 2-5           (c)  The board by rule shall require that, at a minimum,
 2-6     before the department may approve a license application, the
 2-7     applicant must provide to the department:
 2-8                 (1)  documentation establishing that, at a minimum, the
 2-9     applicant has sufficient financial resources to provide the
2-10     services required by this chapter and by the department during the
2-11     term of the license;
2-12                 (2)  a list of the management personnel for the
2-13     proposed home and community support services agency, a description
2-14     of personnel qualifications, and a plan for providing continuing
2-15     training and education for the personnel during the term of the
2-16     license;
2-17                 (3)  documentation establishing that the applicant is
2-18     capable of meeting the minimum standards established by the board
2-19     relating to the quality of care;
2-20                 (4)  a plan that provides for the orderly transfer of
2-21     care of the applicant's clients if the applicant cannot maintain or
2-22     deliver home health, hospice, or personal assistance services under
2-23     the license; and
2-24                 (5)  identifying information on the home and community
2-25     support services agency, and home health care provider owner,
 3-1     administrator, and chief financial officer to enable the department
 3-2     to conduct criminal background checks on those persons and others
 3-3     who are employed or wish to be employed with a home health care
 3-4     provider.
 3-5           (d)  Information received by the department relating to the
 3-6     competence and financial resources of the applicant is confidential
 3-7     and may not be disclosed to the public.
 3-8           (e)  A home and community support services agency owned or
 3-9     operated by a state agency directly providing services is not
3-10     required to provide the information described in Subsections (c)(1)
3-11     and (5).
3-12           (f)  The department shall evaluate and consider all
3-13     information collected during the application process.
3-14           SECTION 2.  This Act takes effect September 1, 1998.
3-15           SECTION 3.  The importance of this legislation and the
3-16     crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended.