81R10263 JSC-F

By: King of Taylor H.B. No. 3718

A BILL TO BE ENTITLED

AN ACT

relating to disclosure of certain information by certain registries for home health, hospice, or personal assistance services; imposing a civil penalty.

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

SECTION 1. Chapter 142, Health and Safety Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. HOME HEALTH, HOSPICE, OR PERSONAL ASSISTANCE

SERVICES REGISTRY

Sec. 142.101. APPLICABILITY. This subchapter applies only to a registry, regardless of whether the registry is licensed under this chapter, that operates as a clearinghouse to put clients in contact with persons who provide home health, hospice, or personal assistance services without regard to whether the registry maintains official client records, directs client services, or compensates the person who is providing the service.

Sec. 142.102. REQUIRED DISCLOSURE. (a) A registry subject to this subchapter shall disclose to each client who uses the registry to obtain information regarding caregivers who provide home health, hospice, or personal assistance services for a client or the client's family and to each caregiver using the registry to find employment:

(1) the nature of the employment relationship between the client and the caregiver;

(2) the duties imposed on the client under federal law regarding taxation of the caregiver;

(3) the duties and liabilities of the client in the event of an on-the-job injury;

(4) other potential liabilities of the client; and

(5) any other information concerning employment of the caregiver required under rules adopted under Section 142.103.

(b) Each disclosure must be signed by the client or the caregiver to whom the disclosure was provided and be retained in the registry's files for not less than five years.

Sec. 142.103. RULES. The executive commissioner of the Health and Human Services Commission by rule shall prescribe the form and contents of the disclosure required under this subchapter.

Sec. 142.104. VIOLATION; CIVIL PENALTY. (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not more than $500 for each violation.

(b) At the request of the department, the attorney general shall bring an action to recover the penalty.

SECTION 2. (a) The executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 142.103, Health and Safety Code, as added by this Act, not later than January 1, 2010.

(b) A registry for home health, hospice, or personal assistance services described by Section 142.101, Health and Safety Code, as added by this Act, is not required to provide the disclosure required by Subchapter C, Chapter 142, Health and Safety Code, as added by this Act, before March 1, 2010.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.