Honorable Carlos Uresti, Chair, House Committee on Human Services
John Keel, Director, Legislative Budget Board
HB1187 by Luna (Relating to investigations and decisions regarding allegations of abuse, neglect, or exploitation by employees at certain facilities.), As Introduced
|Fiscal Year||Probable Net Positive/(Negative) Impact to General Revenue Related Funds|
|Fiscal Year||Probable (Cost) fromGENERAL REVENUE FUND
|Probable (Cost) fromGR MATCH FOR MEDICAID
|Probable (Cost) fromFEDERAL FUNDS
|Change in Number of State Employees from FY 2003|
The bill would require the Department of Protective and Regulatory Services (PRS) and the Texas Department of Mental Health and Mental Retardation (TDMHMR) to jointly adopt rules regarding the rights of TDMHMR employees who are accused of abusing, neglecting or exploiting an individual with a disability served in a TDMHMR facility. It would also require PRS, TDMHMR and the Department of Human Services (DHS) to remove any information relating to an allegation that is determined to be unfounded or inconclusive from employee personnel files and other records. The bill would take effect on September 1, 2003.
PRS reports that 91 percent of TDMHMR facility investigations are determined to be unfounded or inconclusive. PRS assumes that records relating to these investigations would be purged by temporary employees and destroyed on an 18-month cycle.
PRS estimates that a due process hearing would be required for 40 percent of TDMHMR facility investigations that are confirmed with a known perpetrator. PRS assumes there would be 217 hearings in fiscal year 2004 increasing steadily to 239 hearings in fiscal year 2008. PRS assumes that new full-time-equivalent (FTE) positions would be required to carry the workload associated with these hearings.
PRS estimates that a third-party review by the State Office of Administrative Hearings (SOAH) would be required for 10 percent of the cases that go through a due process hearing. There would be about 22 SOAH reviews in fiscal year 2004 increasing to 24 reviews in fiscal year 2008.
DHS estimates that the bill would have no significant fiscal impact if SOAH conducted desk reviews as the neutral third party and notes that its cost would exceed $70,000 per year (@ $3,205 per review) if SOAH conducted de novo hearings that involve live testimony.
324 Department of Human Services, 530 Department of Protective and Regulatory Services, 655 Department of Mental Health and Mental Retardation
JK, EB, NM