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.