SRC-JEC S.B. 1074 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1074
78R6733 DLF-DBy: West
Health & Human Services
4/9/2003
As Filed


DIGEST AND PURPOSE 

A recent federal report revealed that 39 percent of Texas nursing homes
had a violation of federal quality of care requirements that caused actual
harm to nursing home residents, including dehydration, physical abuse, and
sexual assault, or placed residents at risk of death or serious injury.
As proposed, S.B. 1074 requires a nursing home owner or employee to report
abuse or neglect to the Texas Department of Human Services (DHS) and to
law enforcement.  It also expands the conditions under which DHS is
required to investigate reports of abuse or neglect within 24 hours to
include allegations of certain sexual offenses and bodily injury, and
enhances the interview and investigation processes related to abuse or
neglect. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.125, Health and Safety Code, by requiring a
report of abuse or neglect made by an owner or employee of an institution
to be made to the Texas Department of Human Services (DHS) and the law
enforcement agency described by Section 242.135(a).  Includes an exception
as provided by Section 242.135 to the requirement that a local or state
law enforcement agency receiving a report of abuse or neglect refer the
report to DHS or the designated agency. 

SECTION 2.  Amends Section 242.126, Health and Safety Code, by amending
Subsections (c), (e), and (g), and adding Subsection (l), as follows: 

(c)  Requires the agency to begin the investigation within 24 hours of
receipt of the report or other allegation if the report of abuse or
neglect or other complaint alleges that a resident has been a victim of
any act or attempted act described by Section 21.11 (Indecency With a
Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or
25.02 (Prohibited Sexual Conduct), Penal Code; or a resident has suffered
bodily injury as defined by Section 1.07 (Definitions), Penal Code, as a
result of abuse or neglect. 

(e)  Requires an investigator or investigating agency that is
investigating a report of abuse or neglect or other complaint to interview
each available witness, including the resident that suffered the alleged
abuse or neglect; to make a photographic record of any injury to a
resident, after obtaining any consent required under state or federal law;
and to include the statement of the resident that suffered the alleged
abuse or neglect in a summary of each witness statement. 

(g)  Requires DHS to delete photographs of any injury to the resident from
any copy of the investigation report made available to the public. 

(l)  Requires DHS or the designated agency to report each report of abuse
or neglect or other complaint described by Subsection (c)(1) to the law
enforcement agency described by Section  242.135(a) and to cooperate with
that law enforcement agency in the investigation of the report or
complaint. 

SECTION 3.  Amends Section 242.127, Health and Safety Code, to require the
report, record, or working paper, and the name, address, and phone number
of the person making the report, to be disclosed to a law enforcement
agency as necessary to permit the law enforcement agency to investigate a
report of abuse or neglect or other complaint in accordance with Section
242.135. 

SECTION  4.  Amends Chapter 242E, Health and Safety Code, by adding
Section 242.135, as follows: 

Sec. 242.135.  DUTIES OF LAW ENFORCEMENT.  (a)  Requires a law enforcement
department or designated agency to investigate a report of abuse or
neglect or other complaint described by Section 242.126(c)(1) jointly with
the municipal law enforcement agency or the sheriff's department of the
county as appropriate. 

(b)  Requires the law enforcement agency described by Subsection (a) to
investigate the report of abuse or neglect or other complaint, cooperate
with DHS or the designated agency, and report to DHS or the designated
agency the results of the investigation. 

SECTION  5.  Effective date:  September 1, 2003.