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Amend SB 1318 on third reading by adding the following
SECTIONS, appropriately numbered, and renumbering subsequent
SECTIONS of the bill accordingly:
SECTION ____. Section 142.009(c), Health and Safety Code,
is amended to read as follows:
(c) The department or its authorized representative shall
investigate each complaint received regarding the provision of home
health, hospice, or personal assistance services, including any
allegation of abuse, neglect, or exploitation of a child under the
age of 18, and may, as a part of the investigation:
(1) conduct an unannounced survey of a place of
business, including an inspection of medical and personnel records,
if the department has reasonable cause to believe that the place of
business is in violation of this chapter or a rule adopted under
this chapter;
(2) conduct an interview with a recipient of home
health, hospice, or personal assistance services, which may be
conducted in the recipient's home if the recipient consents;
(3) conduct an interview with a family member of a
recipient of home health, hospice, or personal assistance services
who is deceased or other person who may have knowledge of the care
received by the deceased recipient of the home health, hospice, or
personal assistance services; or
(4) interview a physician or other health care
practitioner, including a member of the personnel of a home and
community support services agency, who cares for a recipient of
home health, hospice, or personal assistance services.
SECTION ____. Section 253.001(4), Health and Safety Code,
is amended to read as follows:
(4) "Facility" means:
(A) a facility licensed by the department; [or]
(B) an adult foster care provider that contracts
with the department; or
(C) a home and community support services agency
licensed by the department under Chapter 142.
SECTION ____. Section 253.008, Health and Safety Code, is
amended to read as follows:
Sec. 253.008. VERIFICATION OF EMPLOYABILITY. (a) Before a
facility[, an agency licensed under Chapter 142,] or a person
exempt from licensing under Section 142.003(a)(19) may hire an
employee, the facility[, agency,] or person shall search the
employee misconduct registry under this chapter and the nurse aide
registry maintained under the Omnibus Budget Reconciliation Act of
1987 (Pub. L. No. 100-203) to determine whether the applicant for
employment is designated in either registry as having abused,
neglected, or exploited a resident or consumer of a facility or an
individual receiving services from a facility [an agency licensed
under Chapter 142] or from a person exempt from licensing under
Section 142.003(a)(19).
(b) A facility[, agency licensed under Chapter 142,] or a
person exempt from licensing under Section 142.003(a)(19) may not
employ a person who is listed in either registry as having abused,
neglected, or exploited a resident or consumer of a facility or an
individual receiving services from a facility [an agency licensed
under Chapter 142] or from a person exempt from licensing under
Section 142.003(a)(19).
SECTION ____. Section 253.009(a), Health and Safety Code,
is amended to read as follows:
(a) Each facility[, each agency licensed under Chapter
142,] and each person exempt from licensing under Section
142.003(a)(19) shall notify its employees in a manner prescribed by
the department:
(1) about the employee misconduct registry; and
(2) that an employee may not be employed if the
employee is listed in the registry.