SRC-MWN H.B. 1418 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1418
By: Jones, Jesse (Carona)
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

According to the Senate Committee on Human Services, long-term care
consumer advocates, provider representatives, and Texas Department of Human
Services (DHS) staff have expressed concerns regarding the state's
procedures for protecting facility residents from abuse, neglect, or
exploitation. State law provides that long-term care facilities and home
health agencies must obtain a state criminal history record for new
unlicensed employees who provide direct care to residents or consumers.
Facilities are prohibited from employing persons who have been convicted of
certain offenses, such as homicide, sexual assault, or injury to a child or
elderly or disabled person. Currently, facilities can obtain an instant
criminal history check for a potential employee through the Department of
Public Safety (DPS) via the Internet. However, since there is a $4.29
charge per request, most facilities submit typewritten requests to DHS,
which then forwards it to DPS, at no charge. A facility is permitted to
hire an employee pending written notification from DHS regarding the
background check, which can take up to eight weeks. Such delays can make
residents of long-term care facilities vulnerable to theft, physical and
mental abuse, and exploitation. H.B. 1418 modifies the provisions related
to criminal background checks and drug testing of employees of a long-term
care facility 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Human
Services in SECTION 2 (Section 242.050, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

H.B. 1418 amends the Health and Safety Code to authorize a regulatory or
private agency that forwards criminal history record information to certain
facilities that serve the elderly or disabled to use the Internet criminal
history search services provided by the Texas Department of Public Safety
to expedite requests for such information. The bill prohibits a person
convicted of felony theft from being employed in a position that involves
direct contact with a consumer in a facility before the fifth anniversary
of the conviction date. The bill requires convalescent and nursing homes
and related institutions (institutions) to prepare a written statement
describing the institution's policy for conducting criminal history record
checks of employees and applicants for employment, and to begin providing
the statement no later than January 1, 2002, to each person applying for
services from the institution or the person's next of kin and any person
requesting the information. The bill requires the Texas Board of Human
Services (board), by rule, to adopt a model drug testing policy no later
than December 1, 2001, for use by institutions to ensure the safety of
residents through appropriate drug testing of employees and to protect
employee rights. The bill provides that the model policy must require at
least one scheduled drug test each year and must authorize random,
unannounced drug testing for an employee who has direct contact with a
resident in the institution. The bill authorizes an institution to adopt
the model drug testing policy adopted by the board or to establish another
policy.  

Effective date: September 1, 2001. 
                         Makes application of various portions of this Act
prospective to September 1,                    2001; December 1, 2001; and
January 1, 2002.