80R2093 KFF-F

By: Brown of Kaufman H.B. No. 283

A BILL TO BE ENTITLED

AN ACT

relating to investigations and decisions regarding allegations of abuse, neglect, or exploitation of persons with disabilities by employees at certain facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 48, Human Resources Code, is amended by adding Sections 48.257 and 48.258 to read as follows:

Sec. 48.257. RULES REGARDING RIGHTS OF ACCUSED EMPLOYEES. (a) The executive commissioner shall adopt rules providing for the protection of the rights of an employee at a facility described by Section 48.252(a)(1) who is accused of abusing, neglecting, or exploiting an individual with a disability receiving services in the facility.

(b) The rules adopted under Subsection (a) must include the right to:

(1) receive information regarding:

(A) the fact that an investigation is being conducted;

(B) the specific nature of allegations made against the accused employee;

(C) the date, time, and place of the alleged incidents of abuse, neglect, or exploitation; and

(D) the opportunity for a hearing to contest the findings of the investigation;

(2) employ legal counsel or obtain other legal assistance for the investigation, hearing, or appeal under this subchapter;

(3) request a hearing on the findings of the investigation;

(4) present evidence during a hearing or appeal, such as live testimony or voluntary written statements of witnesses; and

(5) appeal the decision of a hearing examiner to a neutral third party.

(c) The Department of Aging and Disability Services or the Department of State Health Services, as appropriate, shall inform an employee described by Subsection (a) of the employee's rights under this section.

Sec. 48.258. RESULTS OF CERTAIN INVESTIGATIONS AND DECISIONS FOLLOWING CERTAIN HEARINGS AND APPEALS. (a) If, after an investigation of a report of the abuse, neglect, or exploitation of an individual with a disability receiving services in a facility described by Section 48.252(a)(1), the investigator determines that a reported incident was not the result of abuse, neglect, or exploitation but may be attributable to an inadequate staff-to-patient ratio, the investigator shall note the concern in the investigation report.

(b) If an investigation of or a hearing or appeal on a report of abuse, neglect, or e xploitation of an individual with a disability receiving services in a facility described by Section 48.252(a)(1) by an employee results in a determination that the allegation of abuse, neglect, or exploitation is unfounded, unconfirmed, or inconclusive:

(1) the Department of Aging and Disability Services or the Department of State Health Services, as appropriate, shall:

(A) remove all evidence of the allegation from the accused employee's personnel file;

(B) compensate the employee for any lost wages;

(C) restore any lost benefits, including leave time, to the employee;

(D) on request, reinstate the employee to the employee's original position or a position that is comparable in terms of compensation, benefits, and other conditions of employment; and

(E) remove any information related to the allegation of abuse, neglect, or exploitation by the employee from the department's or entity's client abuse and neglect records;

(2) the commission shall remove any information related to the allegation of abuse, neglect, or exploitation by the employee from the employee misconduct registry under Section 253.007, Health and Safety Code, and, as applicable, the nurse aide registry under Chapter 250, Health and Safety Code; and

(3) the Department of Family and Protective Services shall remove any information related to the allegation of abuse, neglect, or exploitation by the employee from the department's child and adult protective services records.

SECTION 2. The executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 48.257, Human Resources Code, as added by this Act, not later than December 1, 2007.

SECTION 3. This Act takes effect September 1, 2007.