HBA-MPM C.S.H.B. 1418 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1418
By: Jones, Jesse
Human Services
4/12/2001
Committee Report (Substituted)



BACKGROUND 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. C.S.H.B. 1418 modifies the provisions
related to criminal background checks and drug testing of employees of a
long-term care facility. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Human Services in
SECTION 2 (Section 242.050, Health and Safety Code) of this bill. 

ANALYSIS

C.S.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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1418 modifies the original bill by prohibiting a person convicted
of felony theft from being employed in a position involving direct contact
with a consumer in a convalescent and nursing home and related institution
(institution) before the fifth anniversary of the conviction date, rather
than permanently precluding an employee's eligibility to be employed in
such a position.  The substitute requires an institution to provide a
written statement describing the institution's policy for conducting
criminal history record checks of employees and employment applicants to
the next of kin or guardian of a person applying for services. 

The substitute requires the Texas Board of Human Services to adopt a model
drug testing policy that authorizes random, unannounced drug testing of
employees whereas the original provided that the policy authorize no more
than one random, unannounced drug test per year. 

The substitute authorizes a regulatory or private agency in forwarding
criminal history information to a requesting facility to use the Internet
criminal history search services provided by the Texas Department of Public
Safety (DPS) to expedite the request.  The original did not expressly
stipulate that the agency use services provided by DPS.