1-1 By: Wohlgemuth, Naishtat H.B. No. 1179
1-2 (Senate Sponsor - Zaffirini)
1-3 (In the Senate - Received from the House April 2, 2001;
1-4 April 3, 2001, read first time and referred to Committee on Health
1-5 and Human Services; April 23, 2001, reported favorably by the
1-6 following vote: Yeas 5, Nays 0; April 23, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to protective services for the elderly and disabled
1-10 persons.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 48.0381, Human Resources Code, is
1-13 redesignated as Section 48.103, Human Resources Code, to read as
1-14 follows:
1-15 Sec. 48.103 [48.0381]. NOTIFICATION OF LICENSING OR
1-16 CONTRACTING AGENCY. (a) On determining after an investigation
1-17 that an elderly or disabled person has been abused, exploited, or
1-18 neglected by an employee of a home and community support services
1-19 agency licensed under Chapter 142, Health and Safety Code, the
1-20 department shall:
1-21 (1) notify the state agency responsible for licensing
1-22 the home and community support services agency of the department's
1-23 determination;
1-24 (2) notify any health and human services agency, as
1-25 defined by Section 531.001, Government Code, that contracts with
1-26 the home and community support services agency for the delivery of
1-27 health care services of the department's determination; and
1-28 (3) provide to the licensing state agency and any
1-29 contracting health and human services agency access to the
1-30 department's records or documents relating to the department's
1-31 investigation.
1-32 (b) Providing access to a confidential record or document
1-33 under this section does not constitute a waiver of confidentiality.
1-34 SECTION 2. Section 48.208(e), Human Resources Code, is
1-35 amended to read as follows:
1-36 (e) The emergency order expires at the end of 72 hours from
1-37 the time of the order unless the 72-hour period ends on a Saturday,
1-38 Sunday, or legal holiday in which event the order is automatically
1-39 extended to 4 p.m. on the first succeeding business day. An order
1-40 may be renewed for not more than 14 additional days. A renewal
1-41 order that ends on a Saturday, Sunday, or legal holiday is
1-42 automatically extended to 4 p.m. on the first succeeding business
1-43 day. The court may modify or terminate the emergency order on
1-44 petition of the department, the incapacitated [incompetent] person,
1-45 or any person interested in his welfare.
1-46 SECTION 3. Section 48.355(a), Human Resources Code, is
1-47 amended to read as follows:
1-48 (a) The Texas Department of Mental Health and Mental
1-49 Retardation is responsible for providing services to an individual
1-50 receiving home and community-based [community support] services as
1-51 necessary to alleviate abuse, neglect, or exploitation if the
1-52 department determines that the person needs the services because of
1-53 the failure of a provider to furnish contracted services.
1-54 SECTION 4. This Act takes effect immediately if it receives
1-55 a vote of two-thirds of all the members elected to each house, as
1-56 provided by Section 39, Article III, Texas Constitution. If this
1-57 Act does not receive the vote necessary for immediate effect, this
1-58 Act takes effect September 1, 2001.
1-59 * * * * *