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.