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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure of certain information by certain registries |
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for home health, hospice, or personal assistance services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 142, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. HOME HEALTH, HOSPICE, OR PERSONAL ASSISTANCE |
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SERVICES REGISTRY |
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Sec. 142.101. APPLICABILITY. This subchapter applies only |
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to a registry that is not licensed under this chapter and that |
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operates as a clearinghouse to put clients in contact with persons |
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who provide home health, hospice, or personal assistance services |
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without regard to whether the registry maintains official client |
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records, directs client services, or compensates the person who is |
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providing the service. |
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Sec. 142.102. REQUIRED DISCLOSURE. A registry subject to |
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this subchapter shall disclose to each client who uses the registry |
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to obtain information regarding caregivers who provide home health, |
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hospice, or personal assistance services for a client or the |
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client's family: |
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(1) the nature of the employment relationship between |
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the client and the caregiver; |
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(2) the duties imposed on the client under federal law |
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regarding taxation of the caregiver; |
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(3) the duties and liabilities of the client in the |
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event of an on-the-job injury; |
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(4) other potential liabilities of the client; and |
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(5) any other information concerning employment of the |
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caregiver required under rules adopted under Section 142.103. |
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Sec. 142.103. RULES. The executive commissioner of the |
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Health and Human Services Commission by rule shall prescribe the |
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form and contents of the disclosure required under this subchapter. |
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SECTION 2. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by Section |
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142.103, Health and Safety Code, as added by this Act, not later |
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than January 1, 2010. |
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(b) A registry for home health, hospice, or personal |
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assistance services described by Section 142.101, Health and Safety |
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Code, as added by this Act, is not required to provide the |
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disclosure required by Subchapter C, Chapter 142, Health and Safety |
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Code, as added by this Act, before March 1, 2010. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |